GIFT 

THE 

School   Laws 

OF 

South    Dakota 


Special  Session  1920 


and 


Regular  Session  1921 


Published  by 

J.  FRED  OLANDER  COMPANY 

Pierre,    South    Dakota 


•     •  !  i  ' 


••     •    •••  • 


^* 


TABLE  OP  CONTENTS  AND  INDEX 


Page 

Abandonment   of    Consolidated   Schools    20 

Annual  Meeting  of  District  Boards   8 

Boards  of  Education  May  Issue  Bonds    13 

Bribery   Prohibited    15 

Certification  of  Teachers  in  Independent  Districts    10 

Child   Welfare   Commission    22 

Consolidated  District  May  Purchase  Land 12 

Consolidation  of  School  Districts 11 

Consolidation — Proceedings    to    Perfect    12 

Contract   for    Books 14 

Community    Centers    24 

Compulsory   Attendance   Act    15 

County    High    Schools     26 

County    Superintendent's    Expense    • 5 

Coun  :y  Text  Book  Committee    13 

Deputy    County    Superintendent    5 

Division  of  Common  School  Districts 6 

Examination  of  Teachers  in   Independent  Districts    10 

Expenses   of  Evening   Classes    22 

Jurisdiction   of   County   Superintendent    6 

Meeting  of  Text   Book   Committee    13 

Oath  of  Allegiance  for  Teachers   24 

Plans  for  Consolidation  Approved  by  Supt.   of  Public  Instruction 11 

Plans   for   Rural   Schools    26 

Powers  Common  to  AH  School  Boards    9 

Purchase  of  Books  by  Ind.  Districts    15 

Purchase  of  Books  by  Districts    14 

Salary  of  Treasurer  of  Independent  District   10 

Schooling  of  Children  in  Discontinued  Schools   8 

State  Ad  for  Common  Schools   30 

State  Aid  for  Rural  and  Consolidated  Schools   19 

Tax  Levy  by  Boards  of  Education    10 

Training    of    Teachers     21 

Transportation    7 

Tuition  of  Non-Resident  Pupils  in  High  School   9 

Use  of  English   Language    / ...  23 

Vocational  Rehabilitation  of  Persons  Disabled  in  Industry    4 


4688 i 6 


§  7409.  Powers  and  Duties.  1.  The  State  Board  of  Education 
shall  have  all  necessary  power  to  cooperate  with  the  Federal  Board  of 
Vocational  Education  in  the  administration  of  said  Federal  Act,  and  in  the 
administration  of  the  Act  providing  for  vocational  rehabilitaton  of  persons 
disabled  in  industry,  which  was  accepted  by  the  Governor  on  behalf  of  the 
State  of  South  Dakota  as  authorized  by  the  Legislature  under  date  of 
November  27,  1920.  It  shall  be  the  duty  of  the  Board  of  Regents  to  desig- 
nate one  or  more  of  the  institutions  of  higher  education  under  its  control, 
in  which  shall  be  maintained  classes  for  preparing  teachers,  supervisors  and 
directors  of  agricultural  subjects,  teachers  of  trade,  industrial  and  home 
economics  subjects;  to  apportion  the  Federal  Aid  for  preparing  such  per- 
sons to  the  institution  or  institutions  so  designated  ;and  to  apportion  from 
the  funds  appropriated  for  the  maintenance  of  such  institution  or  institu- 
tions a  sum  equal  to  such  Federal  aid,  such  funds  so  apportioned  to  be  used 
exclusively  in  the  preparation  of  such  teachers,  supervisors  and  instructors 
as  herein  provided;  and  in  other  ways  to  cooperate  with  the  State  Board  in 
carrying  out  the  provisions  of  this  Article. 

2.  The  State  Board  of  Education  may  approve  upon  the  recom- 
mendation of  the  President  of  the  Board,  high  schools  which  shall  main- 
tain departments  for  the  teaching  of  vocational  agriculture,  home  eco- 
nomics, and  trades  and  industries.  Provided,  that  the  State  Board  of 
Education  shall  out  of  the  monies  hereinafter  appropriated  reimburse  from 
Federal  and  State  funds  such  schools  as  may  be  approved  by  the  State 
Board  of  Education  for  the  mamtenance  of  departments  in  high 
schools  for  the  teaching  of  vocational  agriculture  and  home  economics. 
Provided  further,  that  the  State  Board  of  Education  shall  reimburse  from 
said  funds  available  such  high  schools  as  may  maintain  departments  for 
the  teaching  of  trades  and  industries  under  the  regulations  prescribed  by 
the  State  Board,  and  the  Federal  Board  of  vocational  education. 

3.  The  aid  so  disbursed  to  the  different  schools  of  the  State  shall  be 
divided  equitably  among  the  schools  approved  by  the  Board  and  shall  not 
exceed  the  cost  of  maintenance  of  such  department  and  shall  in  no  way 
be  used  to  defray  the  expenses  of  installation  of  permanent  equipment. 

4.  The  State  Board  of  Education  is  hereby  authorized  and  empowered 
to  cooperate  with  the  Federal  Board  for  vocational  education  in  the  ad- 
ministration of  the  provisions  of  the  Federal  Act  relating  to  vocational 
rehabilitation  of  persons  disabled  in  industry  or  otherwise,  and  is  em- 
powered and  directed  to  adopt  rules  and  regulations  relative  to  the  quali- 
fications of  persons  who  may  become  beneficiaries  of  this  Act;  to  prescribe 
and  provide  such  courses  of  vocational  training  as  may  be  necessary  for  the 
vocational  rehabilitation  of  persons  disabled  in  industry  or  otherwise,  and 
to  provide  for  the  supervision  of  such  training.  It  shall  also  be  the  duty 
of  the  State  Board  of  Education  and  the  Industrial  Commissioner  of  the 
State  to  formulate  a  plan  of  cooperation  in  accordance  with  the  provisions 
of  this  Act  and  of  said  Act  of  Congress,  such  plan  to  become  effective  when 
approved  by  the  Governor  of  the  State. 

5.  The  State  Board  of  Education  shall  have  authority  to  appoint 
upon  the  recommendation  of  the  Superintendent  of  Public  Instruction  such 
officers  and  assistants  as  he  may  deem  necessary  to  properly  administer 
the  Federal  Acts  and  this  Act  of  the  State  of  South  Dakota  and  to  fix  the 
compensation  of  such  officers  and  assistants  r.nd  to  pay  such  compensation 
and  necessary  expenses  of  such  officials  and  assistants  from  the  funds  as 
hereinafter  provided.  Provided  further,  that  the  Executive  Officer  of  the 
State  Board  of  Education  shall  receive  a  salary  of  six  hundred  ($600.00) 
dollars  a  year  for  his  services  as  such,  payable  in  twelve  monthly  install- 
ments. 

Sonrcet   Ch.    215,    S.   L.    1921. 


§  7410.  Appropriation,  Custodian  of  Funds.  1,  The  aid  so  dis- 
bursed to  the  different  schools  of  the  State  and  to  persons  who  may  be- 
come beneficiaries  under  the  vocational  rehabilitation  act  and  all  other 
expenses  incurred  in  administering  the  provisions  of  this  Act  and  of  the 
aforementioned  Federal  Acts,  shall  be  paid  out  of  the  funds  of  the  Depart- 
ment of  Public  Instruction  appropriated  for  that  purpose  and  from  the 
Federal  funds  allotted  to  the  State  of  South  Dakota  for  similar  purposes. 
Provided,  that  not  more  than  five  thousand  ($5,000.00)  dollars  annually 
shall  be  paid  from  the  aforementioned  State  funds  for  the  administration 
of  the  provisions  of  this  Act  for  purposes  other  than  as  State  aid  to  schools. 

2.  The  State  Treasurer  shall  be  custodian  of  all  monies  paid  to  the 
State  from  Federal  appropriations  for  the  promotion  of  vocational  educa- 
tion, and  shall  disburse  the  same  upon  warrants  from  the  State  Auditor 
issued  upon  the  certificate  of  the  Superintendent  of  Public  Instruction. 
The  State  Board  of  Education  shall,  on  or  before  the  last  Tuesday  in  July 
authorize  the  Superintendent  of  Public  Instruction  to  certify  to  the  State 
Auditor  the  amount  apportioned  as  State  and  Federal  aid  to  each  school 
approved  under  the  provisions  of  this  Act.  The  State  Auditor  shall  upon 
receipt  of  such  certificate  draw  warrants  on  the  State  treasury  in  favor 
of  the  secretary  of  the  board  of  education  or  clerk  of  the  school  district 
for  the  sum  so  specified  for  the  different  school  districts  of  the  State  ap- 
proved by  the  State  Board  of  Education. 

3.  Any  claims  for  aid  under  the  provisions  of  the  Vocational  Rehabi- 
litation Act,  and  any  claims  for  State  and  Federal  aid  from  schools  in 
excess  of  the  appropriations  provided  for  State  and  Federal  aid  for  agri- 
culture and  home  economics,  which  shall  be  incurred  prior  to  July  1, 
19  21,  shall  be  paid  out  of  the  funds  of  the  Department  of  Public  Instruc- 
tion, appropriated  as  State  aid  to  rural  and  consolidated  schools  for  the 
fiscal  year  ending  June  30,  1921. 

No  approval. 

Source:   Ch.    215,    S.    L.    1921. 

§  7419.  Mileage  and  Expenses.  In  addition  to  the  salary  herein  pro- 
vided, the  County  Superintendent  of  schools  shall  receive  payment  for 
traveling  and  hotel  expenses  incurred  in  attending  such  meetings  of  the 
County  Superintendents  as  may  be  convened  by  the  Superintendent  of 
Public  Instruction;  provided,  that  an  itemized  statement  of  such  expenses, 
sworn  to  before  a  notary  public  and  accompanied  by  receipts  for  all  items 
in  excess  of  two  dollars  ($2.00)  is  presented  to  the  County  Auditor.  He 
shall  also  be  reimbursed  by  the  county  for  the  necessary  traveling  expenses 
incurred  in  the  performance  of  his  duties  within  the  county  at  the  rate  of 
at  least  fifteen  cents  per  mile  for  each  mile  traveled  by  automobile  or  horse- 
drown  vehicle,  and  five  ($.05)  cents  per  mile  for  each  mile  traveled  by 
railroad.  Provided,  that  not  to  exceed  eight  dollars  ($8.00)  expense  shall 
be  allowed  in  any  one  year  for  each  and  every  school  under  the  supervision 
of  the  superintendent.  He  shall  furnish  quarterly  to  the  county  commis- 
sioners an  itemized  statement  of  such  mileage  expense,  subscribed  and 
sworn  to,  which  claims  shall  be  audited  and  ordered  paid  by  the  board  of 
county  commissioners  as  are  other  claims  against  the  county. 

Source:  Ch.   208,  S.  L.   1921. 

§  7420.  In  a  county  having  fifty  or  more  schools  under  the  direct 
supervision  of  the  county  superintendent,  the  county  superintendent  may 
appoint  an  office  deputy  for  whose  acts  as  such  he  shall  be  responsible. 
Such  office  deputy  may  or  may  not  possess  the  qualifications  required  by 
law  for  the  county  superintendent,  but  he  must  be  at  least  fitted  to  do  office 
work  and  must  hold  a  valid  teacher's  certificate.  In  counties  having  one 
hundred  (100)  or  more  schools  under  the  direct  supervision  of  the  county 
superintendent,  the  county  superintendent  may,  in  addition,  appoint  a  field 


deputy  having  the  qualifications  of  the  county  superintendent  for  whose 
acts  as  field  deputy  the  county  superintendent  shall  be  responsible.  The 
office  deputy  shall  receive  a  salary  fixed  by  the  county  commissioners.  The 
field  deputy  shall  receive  a  salary  fixed  by  the  county  commissioners  of  not 
less  than  seventy-five  per  cent  of  the  salary  of  the  county  superintendent 
per  month.  Each  deputy  shall  take  and  subscribe  the  same  oath  as  his 
principal,  naming  his  deputyship,  which  shall  be  endorsed  and  filed  with  his 
certificate  of  appointment.  Provided,  that  when  an  office  or  field  deputy 
is  engaged  at  the  minimum  salary  herein  provided,  the  filing  of  such  oath 
and  certificate  of  appointment  with  the  county  auditor  shall  be  construed 
as  induction  into  office  and  the  county  shall  be  liable  for  his  salary  after 
date  of  such  filing  and  until  his  services  terminate.  Provided,  that  no 
deputy  shall  be  employed  or  paid  under  the  provisions  of  this  section  unless 
the  county  superintendent  shall  atjiie  same  time  devote  his  whole  time  to 
the  office. 

Approved  March  12,  1921. 
Source!  Ch.  208,  S.  L.  1921. 

§  7423.  Supervision  General  an^  Direct.  The  County  Superintendent 
shall  hcive  general  supervision  of  all  the  public  schools  in  the  County  and 
direct  supervision  of  all  public  schools  in  the  county  except  in  independent 
districts  including  a  city  of  two  thousand  or  more  population.  Provided 
Ruch  direct  supervision  shall  not  apply  to  independent  districts  in  cities  and 
towns  of  less  than  two  thousand  population  which  employ  and  maintain  a 
superintendent  for  the  schools  of  such  independent  districts. 
Sourcet  Ch.  52,  Special  Session   1920. 

§  7446.  Division  of  Districts.  Any  common  school  district  may  be 
divided  in  the  following  manner:  Plats  shall  be  prepared  showing  the 
several  districts  into  which  it  is  proposed  to  divide  such  district.  A  petition 
shall  then  be  circulated  and  signed  by  a  majority  of  the  electors  of  each 
proposed  district,  to  which  petition  shall  be  attached  the  plat  of  the  new 
districts  to  which  such  petition  refers,  in  which  pe:;ition  it  shall  be  stated 
that  a  division  of  the  school  district  is  desired  in  accordance  with  the  at- 
tached plat.  Each  person  signing  such  petition  must  add  to  his  signature 
his  place  of  residence  by  a  legal  description,  his  postoffice  address  and  the 
date  of  signing.  Such  petition,  having  been  circulated  and  signed,  shall 
have  attached  thereto  the  affidavit  of  the  person  circulating  the  same, 
stating  that  the  petition  was  signed  in  his  presence  by  the  persons  whose 
names  appear  thereon  at  the  time  stated  in  such  petition,  and  the  petition 
so  circulated  and  signed  shall  be  filed  in  the  office  of  the  county  superin- 
tendent of  schools.  If  the  petition  filed  as  aforesaid  contains  the  names  of 
a  majority  of  the  electors  of  each  of  the  proposed  districts  to  which  such 
petition  refers,  the  county  superintendent  of  schools,  with  the  board  of 
county  commissioners,  at  the  next  regular  April  meeting  of  such  board, 
shall  proceed  to  divide  such  district  in  accordance  with  such  petition  and 
plat,  if  in  their  judgment  such  division  ought  to  be  made,  and  the  county 
superintendent  shall  appoint  temporary  officers  for  each  new  district,  who 
shall  serve  until  the  first  annual  school  election  and  until  their  successors 
are  elected  and  qualified.  At  the  regular  meeting  of  the  board  of  county 
commissioners  in  July  following  such  division,  the  board  and  the  county 
superintendent  shall  make  an  equitable  apportionment  of  the  property  and 
indebtedness,  other  than  bonded,  of  the  district  among  the  new  districts 
formed  therefrom;  provided  that  should  there  be  any  bonded  indebtedness, 
outstanding  against  the  district,  the  county  commissioners  shall  levy  a  tax 
annually,  on  the  property  of  the  new  districts  formed  therefrom,  sufficient 
to  pay  the  interest  and  principal  of  the  bonds  as  the  same  become  due. 
The  county  treasurer  shall  apply  such  tax  to  the  payment  of  such  bonded 


indebtedness,  and  when  the  bonds  are  paid  and  cancelled  the  county  treas- 
urer shall  place  the  unused  balance  of  such  tax,  if  any,  to  the  credit  of  the 
districts  formed  therefrom. 

§  2.  A  record  of  such  joint  action  of  the  county  superintenlent  and 
board  of  county  commissioners  shall  be  made  in  the  minutes  of  the  com- 
missioners' proceedings,  and  an  appeal  may  be  taken  by  any  aggrieved 
person  or  party  from  said  action  in  the  same  manner  and  time  as  is  now 
allowed  by  law  to  be  taken  from  actions  or  decisions  of  the  board  of  county 
commissioners. 

Approved  February  24,   1921. 

Sonrcet  Ch.   207,  S.  L.   1921. 

§  7485.  Transportation.  When  pupils  reside  more  than  two  and  one- 
half  miles  from  the  nearest  school  house  in  the  school  district  and  not  to 
exceed  three  miles,  the  parent,  guardian,  or  pupil  shall  receive  from  his 
school  district  ten  cents  per  day  for  each  pupil;  if  more  than  three  miles 
and  not  to  exceed  four  miles,  twenty  cents  per  day;  if  more  than  four  miles 
and  not  to  exceed  five  miles,  thirty  cents  per  day;  if  more  than  five  miles, 
forty  cents  per  day;  provided,  however,  that  in  cases  where  more  than  one 
pupil  from  any  family  receives  compensation  under  the  provisions  of  this 
section,  the  total  amount  allowed  for  any  one  family  shall  not  exceed 
twenty  cents  for  traveling  three  miles  or  under,  forty  cents  for  traveling 
beween  three  and  four  miles,  sixty  cents  for  traveling  between  four  and  five 
miles,  and  eighty  cents  for  traveling  five  miles  or  more;  provided,  that 
such  financial  provisions  shall  be  only  for  actual  attendance  at  public  school 
and  conditioned  that  the  district  in  no  way  furnish  means  of  conveyance; 
provided,  that  when  any  pupil  shall  have  passed  the  eighth  grade,  such 
pupil,  his  parents  or  guardian  shall  not  receive  payment  for  transportation 
to  or  from  school.  Provided,  that  when  pupils  reside  nearer  some  school  in 
another  district,  the  School  Board  or  Board  of  Education  may  make  arrange- 
ments for  the  schooling  of  such  pupils  at  such  other  school  by  paying  tuition 
at  a  rate  not  to  exceed  the  per  capita  cost  per  month  of  tuition  in  such  other 
district  for  each  pupil  so  enrolled  unless  some  other  rate  be  agreed  to  between 
the  School  Boards  of  districts  concerned  prior  to  the  enrollment  of  any  such 
pupil;  such  tuition  to  be  computed  from  the  time  of  enrollment  until  such 
pupil  leaves  such  school  permanently,  or  to  the  close  of  the  school  term, 
and  such  transportation  as  previously  provided  for  in  this  section.  Provided, 
further,  the  distance  traveled  by  the  most  direct  route,  to  be  established  by 
the  District  Board,  subject  to  an  appeal  as  provided  for  appeals  from  de- 
cisions of  School  Boards,  relative  to  school  matters,  shall  be  the  basis  of 
computation.  Provided,  further,  that  no  township  or  district  shall  expend 
more  than  Eight  Hundred  Dollars  for  transportation  in  any  one  year,  pro- 
vided, further,  that  payments  may  be  made  monthly  or  at  the  close  of  the 
school  year  in  the  discretion  of  the  District  Board,  and  if  bills  allowed 
are  in  excess  of  Eight  Hundred  Dollars,  said  sum  of  Eight  Hundred  Dollars 
shall  be  divided  pro  rata.  Provided,  further,  that  in  any  district  in  which 
a  public  school  shall  have  been  discontinued,  it  shall  be  the  duty 
of  the  District  School  Board  to  make  such  provision  as  shall  be  determined 
by  the  County  Superintendent  for  the  schooling  of  the  pupils  who  would 
ordinarily  be  in  attendance  at  the  school  were  it  not  discontinued.  Pro- 
vided, further,  that  in  any  district  where  children  of  school  age  shall  live 
more  than  two  miles  from  the  nearest  school  within  or  without  the  dis- 
trict, and  the  parents  or  guardians  of  such  children  are  not  satisfied  with 
the  transportation  provided  by  law,  it  shall  be  the  duty  of  the  District 
School  Board  to  make  such  provision  as  shall  be  determined  by  the  County 
Superintendent  for  the  schooling  of  such  children.  If  any  parent  or  guar- 
dian be  dissastisfied  with  the  decision  of  the  County  Superintendent  in  such 
cases,  then  an  appeal  therefrom,  may  be  taken  to  the  Circuit  Court  of  the 


county  in  the  manner  provided  by  law  for  appeals  from  decisions  of  District 
School  Boards. 

Source:   Ch.    206,   S.   L.   1921. 

§   7490.     Pi'ovision  For  Schooling  of  Children  in  Discontinued  Schools. 

1.  Any  school  in  a  common  school  district  may  be  discontinued  by  the 
district  board,  privided  proper  arrangements  are  made  for  the  schooling  of 
all  pupils  of  the  district  in  other  schools,  if  in  the  judgment  of  the  district 
board  such  action  is  to  the  best  interest  of  the  pupils  and  the  district.  The 
school  board  may  make  arrangements  for  the  transportation  of  the  pupils 
in  attendance  at  the  school  at  the  time  of  its  discontinuance  to  such  other 
school  as  it  may  determine,  or  it  may  pay  for  the  lodging  and  board  of  such 
pupils  in  lieu  of  transportation.  Provided,  further,  that  if  such  pupils  are 
assigned  to  schools  outside  the  district,  all  tuition  charges  shall  be  paid 
from  the  funds  of  the  district  in  which  the  parents  of  such  pupils  reside. 
Said  tuition  charges  shall  be  the  per  capita  expense  of  schooling  the  pupils 
in  such  other  schools  and  shall  be  determined  from  the  last  annual  report 
of  the  county  superintendent  of  the  county  in  which  such  school  is  located 
upon  the  basis  of  the  enrollment  in  school  for  the  previous  year.  Provided, 
that  in  case  of  such  pupils  attending  a  public  school  located  in  an  adjoining 
state  the  district  shall  pay  such  tuition  charges  as  may  be  approved  by  the 
county  superintendent  of  schools.  Provided,  further,  that  any  parent  or 
guardian  not  satisfied  with  the  arrangements  made  for  the  schooling  of  the 
children  under  their  control  may  appeal  to  the  county  superintendent  whose 
decision  in  the  matter  shall  be  final. 
Source:  Ch.  214,  S.  L.  1921. 


§  7499.  Annual  Meeting  of  Board,  Tax  Licvy.  At  the  annual  meeting 
of  the  school  district  board  in  July  of  each  year,  it  shall  be  the  duty  of  the 
clerk  and  the  treasurer  to  read  their  respective  annual  reports  and  the 
board  shall  verify  them  as  herein  provided.  And  such  board  by  resolution 
shall  levy  such  tax  as  the  patrons  shall  have  directed  at  the  annual  election, 
but  it  shall  not  be  less  than  two  mills  nor  more  than  fifteen  mills  on  the 
dollar  of  the  assessed  valuation  of  the  taxable  property  of  the  district.  If 
any  school  district  fails  to  hold  in  any  school  year  at  least  eight  months  of 
school  in  any  school  house  in  the  district,  providing  no  legal  discontinu- 
ance be  had,  it  shall  be  the  duty  of  the  county  superintendent  to  notify  the 
county  treasurer  of  all  monies  due  such  district  from  the  apportionment 
fund  (for  the  semi-annual  term  ended  the  30th  day  of  June  of  the  pre- 
ceding^ year),  which  amount  shall  remain  to  the  credit  of  such  district  and 
no  warrant  shall  be  drawn  therefor  until  such  district  shall  have  complied 
with  the  law,  unless  the  district  board  made  provision  for  the  instruction  of 
the  pupils  for  the  required  time  in  some  other  school.  In  case  of  failure  in 
any  district  to  levy  a  tax  sufficient  to  support  a  school  for  the  number  of 
months  above  named,  or  in  case  of  a  levy  below  the  minimum  tax  herein 
provided,  the  board  of  county  commissioners  shall  levy  a  tax  on  the  prop- 
erty of  the  district  sufficient  for  these  purposes;  provided,  that  in  case  any 
district  board  shall  fail  or  neglect  to  engage  a  duly  certified  teacher  and 
suitably  provide  for  the  maintenance  of  and  maintain  a  school  for  at  least 
eight  months  in  any  one  year,  ending  the  first  day  of  October,  in  any  school 
house  in  the  district,  no  legal  discontinuance  being  authorized,  and  shall 
fail  to  provide  reasonable  school  facilities  for  all  the  children  of  school 
age  in  the  district,  the  Superintendent  of  Public  Instruction  may,  in  his 
discretion,  instruct  the  county  superintendent  to  enter  into  a  contract  with 
a  qualified  teacher  for  such  school,  which  contract  so  made  shall  be  of  the 
same  force  and  effect  as  a  contract  made  by  the  district  board,  and  the 
teacher  employed  thereunder  shall  be  paid  out  of  the  funds  belonging  to 

8 


the  school  district  and  the  school  board  shall  issue  warrants  for  the   pay- 
ment of  the  salary  of  such  teacher. 
Approved  March  1,   1921. 
Source:  Ch.  209,  S.  L.   1921. 

§  7517.     Tuition   of   Non-Resident    Pupils    in    High    School.      1.      Any 

pupil  who  shall  successfully  complete  the  work  of  the  eighth  grade  as  estab- 
ished  in  the  State  Course  of  Study,  and  who  holds  a  common  school  diploma 
granted  by  the  county  superintendent,  or  other  eighth  grade  diploma  en- 
dorsed by  him,  is  privileged  to  continue  his  school  work  up  to  and  includ- 
ing the  twelfth  grade  by  attending  any  public  high  school  or  State  edu- 
cational institution  of  this  State,  or  adjoining  State,  furnishing  a  higher 
course  of  study  than  that  offered  by  his  home  district  without  payment  of 
any  tuition  except  for  laboratory  fees  or  for  individual  instruction  outside 
of  regular  school  hours.  Provided,  that  the  school  district  or  State  educa- 
tional institution  in  which  such  pupil  is  enrolled  as  a  high  school  student, 
shall  be  compensated  by  the  school  board  of  his  home  district  for  such 
instruction  as  hereinafter  provided. 

2.  The  county  superintendent  shall  determine  the  actual  per  capita 
cost  per  month  of  schooling  a  student  in  each  of  the  high  schools  in  the 
county  for  the  preceding  year,  from  the  annual  reports  on  file  in  his  office. 
Such  per  capita  cost  shall  be  arrived  at  by  dividing  the  grand  total  under 
"cost  of  high  school  maintenance"  by  the  number  of  pupils  as  per  school 
census  of  pupils  who  have  passed  the  eighth  grade  enrolled  and  dividing 
this  quotient  by  the  number  of^  months  that  school  was  in  session.  The 
per  capita  monthly  cost  thus  determined  shall  be  the  legal  tuition  which 
such  district  may  charge  non-resident  pupils.  The  county  superintendent 
shall  notify  the  clerk  of  the  board  of  each  school  district  maintaining  a 
high  school  in  his  county,  of  the  amount  of  such  tuition  and  it  shall  be  the 
duty  of  such  clerk  to  collect  semi-annually  all  tuition  fees  due  a  district 
from  the  school  district  having  pupils  attending  the  high  school  in  his  dis- 
trict. Provided,  that  if  payment  is  not  made  within  a  reasonable  time  by 
any  district,  the  clerk  of  the  district  to  whom  tuition  fees  are  due,  may 
present  a  duplicate  bill,  duly  sworn  to  before  a  notary  public,  to  the  county 
auditor  of  the  county  in  which  such  pupil  resides  who  shall,  upon  approval 
of  such  claim  by  the  county  superintendent,  issue  a  warrant  upon  the 
county  treasurer  for  the  amount  of  the  claim,  which  amount  shall  be 
charged  against  the  funds  belonging  to  said  district  in  the  hands  of  the 
county  treasurer.  Provided,  that  where  such  attendance  shall  be  in  a 
public  high  school  or  State  'elucational  institution  located  in  an  adjoining 
state,  the  board  shall  pay  such  tuition  as  shall  first  be  approved  by  the 
county  superintendent  of  schools. 

3.  Provided,  that  for  the  purpose  of  interpreting  the  provisions  of 
this  Act  and  all  other  Acts  relating  to  the  payment  of  tuition  for  the 
schooling  of  non-resident  pupils,  a  child  shall  be  considered  a  resident  of 
the  school  district  in  which  his  parents,  guardian  or  persons  sustaining  the 
relation  of  loco  parentis,  resided  at  the  time  of  the  official  enumeration  of 
the  last  school  census. 

4.  Provided,  further,  that  all  questions  relative  to  the  payment  of 
tuition  not  specifically  covered  by  the  provisions  of  this  Act,  shall  be 
referred  to  the  County  Judge  of  the  county  in  which  the  school  district 
making  the  claim  for  tuition  mainly  lies,  and  it  shall  be  the  duty  of  said 
County  Judge  to  decide  such  ease  upon  a  fair  and  equitable  basis. 

Approved  March  12,  1921. 
Source:   Ch.    214,   S.   L.    1921. 

§  7546.  Powers  Common  to  all  Boards.  Such  Board  of  Education 
shall  have  power: 


1.  To  organize  and  amintain  a  system  of  graded  schools,  to  establisn 
a  high  school  whenever  in  iis  opinion  the  interests  of  the  school  corpora- 
tion demand  the  same,  and  to  exercise  control  over  the  schools  and  school 
corporation. 

2.  To  levy  an  annual  tax  on  all  taxable  property  within  the  district 
for  the  support  of  schools  of  the  corporation  for  the  fiscal  year  next  en- 
suing, not  exceeding  the  amount  limited  by  law. 

3.  To  borrow  money  by  issuing  bonds  as  hereafter  provided. 

4.  To  erect  suitable  cottages  or  dwellings  for  teacher's  homes. 
Source:  Ch.   49,  Special  Session   1920. 

§7550.     Teachers   in  Districts   of  Ten  Thousand  or   More  Population. 

Such  committee,  in  districts  having  ten  thousand  or  more  population,  shall 
have  power  to  examine  teachers  for  their  own  schools,  and  to  issue  certifi- 
cates authorizing  persons  to  teach  therein,  in  accordance  with  such  rules 
as  may  be  adopted  by  the  Board  of  Education.  Such  certificates  shall  be 
in  addition  to  the  regular  teachers'  certificates  required  by  law  to  teach 
in  the  public  schools  in  this  state.  The  examination  papers  and  certified 
copies  of  credentials  upon  which  these  certificates  are  issued  shall  be  kept 
on  file  in  the  office  of  the  Clerk  of  the  Board  of  Education. 
Source:  Ch.  52,  Special  Session   1920. 

§  7551.  Teachers  in  Independent  Districts.  In  all  independent  dis- 
tricts no  superintendent  or  principal  shall  be  employed  who  does  not  hold 
a  valid  South  Dakota  certificate  for  the  grade  or  special  subjects  taught; 
and  any  contract  made  in  conflict  herewith  shall  be  void;  provided,  that 
no:hing  herein  shall  be  so  construed  as  to  prevent  the  Board  of  Education 
in  any  such  district,  from  imposing  such  additional  tests  as  to  the  qualifica- 
tion of  teachers  as  it  may  deem  expedient. 
Source:  Ch.  52,  Special  Session  1920. 

§  7564a.     The  School  Treasurer  of  each   Independent   School   District 
shall  receive  a  salary  for  his  services  as  such  Treasurer,   to   be  fixed  and 
determined  by  the  Board  of  Education. 
Source:  Ch.  51,  Special  Session  1920. 

§  7567.  Tax  Levy.  The  board  of  education  shall,  on  or  before  the 
fifteenth  day  of  August  of  each  year,  levy  a  tax  for  the  support  of  the 
schools  of  the  corporation  for  the  fiscal  year  next  ensuing,  not  exceeding 
in  any  one  year  twenty-five  mills  on  the  dollar'  of  the  assessed  valuation  of 
all  taxable  property  within  the  district  and  which  levy  the  clerk  of  the 
board  shall  certify  to  the  county  auditor,  who  is  authorized  and  required  to 
place  the  same  on  the  tax  roll  of  the  county,  to  be  collected  by  the  county 
treasurer  as  the  taxes  of  the  county,  and  paid  over  by  him  to  the 
treasurer  of  the  school  district,  of  whom  he  shall  take  a  receipt  in  dupli- 
cate, one  of  which  he  shall  file  in  his  office  and  the  other  he  shall  trans- 
mit to  the  clerk  of  the  Board  of  Education.  And  such  receipt  shall  show 
the  proportionate  amounts  belonging  to  the  several  funds  of  the  board  of 
such  school  district,  apportioned  by  the  treasurer  thereof  according  to  the 
relative  amounts  levied  by  such  board  for  the  current  year. 
Source.  Ch.  50,  Special  Session  1920. 

§  7569.  It  shall  be  lawful  for  two  or  more  School  Districts  of  any 
kind  to  consolidate,  either  by  the  formation  of  a  new  district  or  by  an- 
nexation of  one  or  more  districts  to  an  existing  district  in  which  is  main- 
tained a  graded  school  or  high  school  authorized  by  law.  An  existing  dis- 
trict of  any  kind  may  organize  as  a  consolidated  district;   a  portion  of  any 

10 


existing  district  may  organize  as  a  Consolidated  District,  or  may  consoli- 
date with  any  one  or  more  existing  districts  or  with  part  or  parts  of  same 
by  the  formation  of  a  new  district;  and  an  Independent  School  District  and 
any  part  or  all  of  any  one  or  more  other  School  District  or  Districts  may 
organize  as  a  Consolidated  District  under  the  provisions  of  this  act  and  of 
Chapter  5  of  the  Revised  Code  of  1919.  For  the  purpose  of  improving  the 
school  system  of  this  State  and  encouraging  industrial  training,  including 
the  elements  of  agriculture,  manual  training  and  home  economics,  a  cen- 
tralized system  of  schools  shall  be  established  and  maintained  in  every 
Consolidated  School  District  organized  under  the  provisions  of  this  act. 

§  a.  That  all  acts  and  porceedings  relating  and  pertaining  to  the  or- 
ganization and  incorporation  of  any  consolidated  School  District  organized 
and  attempted  to  be  made,  organized  and  incorporated  under  the  pro- 
visions of  Chapter  5  of  the  Revised  Code  of  1919,  formerly  Chapter  194, 
Laws  of  1913,  and  acts  amendatory  thereof  are  hereby  legalized  and  vali- 
dated, as  of  the  date  when  said  Consolidated  School  Districts  were  organ- 
ized and  incorporated  under  said  laws,  notwithstanding  any  irregularity  or 
errors,  omissions  or  defects,  clerical  in  law  or  otherwise,  in  the  organization 
and  incorporation  thereof,  or  any  defect,  ambiguity  or  omission,  want  or 
lack  of  power  in  the  Statute  authorizing  such  organization  and  incorpora- 
tion; and  in  all  cases  where  a  former  Independent  School  District  and  any 
part  or  all  of  any  one  or  more  other  School  District  or  Districts  have  pro- 
ceeded to  organize  as  a  consolidated  district,  all  proceedings  relating  or 
pertaining  thereto,  are  hereby  legalized  and  validated  as  of  the  date  of 
any  such  organization  or  incorporation,  notwithstanding  any  errors,  omis- 
sions or  defects  in  the  organization  or  incorporation  thereof,  or  any  de- 
fect, ambiguity  or  omission,  want  or  lack  of  power  in  the  Statute  author- 
izing such  organization  and  incorporation;  and  all  said  Consolidated  School 
Districts  are  hereby  declared  to  have  existed  as  Independent  Consolidated 
School  Districts  under  the  laws  of  the  State  of  South  Dakota  since  said 
organization  and  incorporation,  and  composed  of  the  territory  described 
and  defined  in  the  proceedings  for  consolidation  and  incorporation,  and  all 
acts  of  the  officers  of  said  State  or  County  or  School  Districts  and  all  pro- 
ceedings for  bonding  and  taxation  and  for  school  purposes  had  therein 
relating  to  Independent  Consolidated  School  Disricts,  are  hereby  ratified, 
legalized  and  validated,  notwithstanding  any  errors,  omissions  or  defects, 
ambiguities,  clerical  or  otherwise,  or  want  or  lack  of  power  in  the  Statutes, 
in  the  organization  and  incorporation  of  said  districts. 

Source:  Ch.  47,  Special  Session  1920. 

§  7570.     Subject  to  Approval  of  Superintendent  of  Public  Instruction. 

Before  any  steps  are  taken  in  organizing  a  consolidated  school  district,  the 
superintendent  of  the  county  in  which  the  major  portion  of  the  territory 
is  situated,  from  which  it  is  proposed  to  form  such  district,  shall  cause  a 
plat  to  be  made  showing  the  size  and  boundaries  of  the  new  district,  the 
location  of  the  school  houses  in  the  several  districts,  the  location  of  trans- 
portation routes,  together  with  such  other  information  as  may  be  essential. 
The  county  superintendent  shall  then  arrange  for  a  meeting  of  all  of  the 
officers  of  the  school  districts  affected,  at  some  convenient  meeting  place 
for  the  purpose  of  discussing  and  proposing  such  changes  or  modifications 
in  the  plat  as  may  seem  necessary,  and  such  changes  or  modifications  pro- 
posed at  this  meeting  shall  then  be  submittel,  together  with  the  plat  to 
the  Superintendent  of  Public  Instruction,  who  shall  approve,  modify  or 
reject  the  plan  so  proposed  and  certify  his  conclusions  to  the  county  super- 
intendent of  schools. 

Sonrcet  Ch.   201,  S.  L.   1921. 

11 


§  7571.  Proceedings  to  Perfect  Consolidation.  After  approval  by  the 
Superintendent  of  Public  Instruction  of  the  plan  for  the  formation  of  a 
consolidated  school  district,  and  upon  presentation  to  the  county  superin- 
tendent of  a  petition  signed  by  at  least  twenty-five  per  cent  of  the  electors 
of  each  district  affected,  qualified  to  vote  at  school  meetings,  the  genuine- 
ness of  whose  signature  shall  be  verified  by  the  affidavit  of  the  person  who 
circulated  such  petition,  asking  for  the  formation  of  a  consolidated  school 
district  in  accordance  with  the  plan  approved  by  the  superintendent  of 
public  instruction,  the  county  superintendent  shall  within  ten  days,  cause 
ten  days'  posted  notice  to  be  given  in  each  district  affected  and  one  week's 
published  notice,  if  there  be  a  newspaper  in  such  district,  of  an  election  or 
special  meeting  to  be  held  within  each  of  the  several  school  districts 
affected,  part  or  all  of  which  is  included  in  such  proposed  consolidated 
school  district,  at  a  time  and  place  specified  in  such  notice,  upon  the  ques- 
tion of  such  consolidation.  At  such  meeting  or  election  the  chairman, 
clerk  and  treasurer  shall  be  the  officers  of  the  meeting  or  election  and 
the  meeting  or  election  shall  be  conducted  as  are  regular  annual  school 
mee::ings.  The  vote  at  such  election  or  meeting  shall  be  by  ballot  which 
shall  read  "For  consolidation"  or  "Against  consolidation."  The  county 
suuperintondent  shall  furnish  to  each  school  district  clerk,  uniform  blanks 
and  ballots  for  such  election  and  for  making  proper  returns  of  said  election. 
The  officers  of  such  meeting  or  election  shall  within  ten  days  certify  the 
result  of  the  vote  to  the  superintendent  of  the  county  in  which  such  dis- 
trict mainly  lies.  When  such  proposed  consolidation  affects  only  common 
schools,  and  a  majority  of  the  total  combined  votes  cast  in  all  of  the  school 
listricts  affected  by  such  proposed  consolidation,  are  for  consolidaition;  or 
when  such  proposed  consolidation  affects  an  independent  school  district 
and  one  or  more  common  school  districts,  and  a  majority  of  the  votes  cast 
in  said  independent  district,  and  a  majority  of  the  total  combined  votes 
cast  in  all  of  the  common  school  districts  affected  by  such  proposed  con- 
solidation, are  for  consolidation,  the  county  superintendent  within  ten  days 
thereafter  shall  make  a  proper  order  to  give  effect  to  such  vote  and  shall 
thereafter  transmit  a  copy  thereof  to  the  auditor  of  each  county  in  which 
any  portion  of  each  district  affected  lies,  to  the  clerk  of  e^ch  district 
affected,  and  to  the  Superintendent  of  Public  Instruction.  If  the  order  be 
for  the  formation  of  a  new  district  it  shall  specify  the  number  of  such  dis- 
trict. The  county  superintendent  shall  also  cause  ten  days'  posted  notice 
and  one  week's  published  notice,  if  there  be  a  newspaper  published  in  such 
district,  to  be  given  of  a  meeting  to  elect  five  members  of  the  board  of 
education  and  a  treasurer  of  the  newly  formed  consolidated  school  district; 
and  such  consolidated  district  shall,  upon  its  formation  become  an  inde- 
pendent district  with  the  powers  and  duties  of,  and  be  governed  by  the 
laws  relating  to  independent  districts. 

Approved   March   1,   1921. 

Source:   Ch.    201,    S.   L.    1921. 

§  7577.  Power  to  Purchase  Land.  Authority  is  expressly  given  to 
the  school  board  of  each  consolidated  school  district  to  purchase  any  land 
which  may  be  necessary  for  school  house  sites  and  to  provide  the  demon- 
stration plat  necessary  to  meet  the  requirements  of  law  governing  such  dis- 
trict and  the  same  shall  be  and  become  the  property  of  such  district  for- 
ever; provided,  that  in  case  it  is  necessary  to  expend  more  than  two  hun- 
dred dollars  for  the  purchase  of  additional  lands,  the  question  of  pur- 
chasing such  lands  shall  be  first  submitted  to  a  vote  of  the  voters  of  such 
district,  and  if  a  majority  of  the  voters  voting  at  any  regular  meeting  of 
such  district,  or  at  any  special  meeting  of  such  district  called  according  to 
law  for  that  purpose,  shall  vote  in  favor  of  buying  the  additional  land,  the 
board  shall  at  once  proceed  to  purchase  the  same;  in  case  the  school  board 

12 


is  unable  to  agree  with  the  owners  of  such  land  on  the  purchase  price 
thereof,  the  board  is  authorized  to  damage,  acquire  and  condemn  such 
private  property  for  the  public  purposes  authorized  by  this  act  and  to  pay 
for  such  damage  and  condemnation  out  of  any  funds  available  for  that 
purpose  as  hereinbefore  provided.  When  such  board  shall  deem  it  neces- 
sary to  take,  damage  and  condemn  any  private  property  for  any  of  the 
purposes  authorized  by  this  statute,  it  shall  by  proper  resolution  declare 
the  necessity  of  such  damaging,  taking  or  condemnation,  stating  the  pur- 
pose and  extent  thereof,  and  thereupon  the  proceedings  to  take,  damage  or 
condemn  such  property  shall  be  had,  as  provided  in  Chapter  8,  Part  9, 
Title  2,  of  the  South  Dakota  Revised  Code  of  1919  in  the  name  of  the 
School  District  as  plaintiff;  provided,  also,  that  whenever  the  land  so  se- 
lected is  common  school  or  endowment  lands,  it  shall  be  lawful  for  the 
governor  and  commissioner  of  school  and  public  lands  to  convey  title  there- 
to in  the  manner  now  provided  by  law  for  conveying  title  to  school  house 
sites,  in  tracts  of  from  two  to  ten  acres  inclusive.  / 

Soorcei  Ch.  48,  Special  Session  1920. 

§  7602.  Authorized.  Boards  of  Education  of  Independent  School 
Districts  are  authorized  and  empowered  to  issue  negotiable  bonds  in  the 
manner  hereinafter  provided  for  the  following  purposes. 

1.  To  refund  bonds  that  may  be  outstanding. 

2.  To  fund  outstanding  warrants. 

3.  To  raise  money  for  the  purpose  of  a  site  or  sites  and  the  erection 
of  suitable  buildings  for  school  purposes,  and  suitable  cottages  or  dwellings 
for  teachers'  homes. 

Source t  Ch.  49,  Special  Session  1920. 

§  7618.  County  Text  Book  Committee.  The  county  superintendent 
of  schools,  the  chairman  of  the  board  of  county  commissioners,  the  county 
auditor  and  two  rural  teachers  who  are  permanent  residents  of  the  county, 
to  be  selected  by  the  board  of  county  commissioners,  at  their  regular  meet- 
ing in  April,  shall  constitute  a  county  text  book  committee  for  the  purpose 
of  selecting  and  adopting  all  the  text  books  needed  for  use  in  the  public 
schools  of  the  county,  except  as  o  herwise  provided  herein.  The  county 
superintendent  of  schools  shall  be  the  chairman  of  said  committee,  and  the 
county  auditor  shall  be  the  secretary,  and  a  majority  of  such  committee 
shall  constitute  a  quorum  for  the  transaction  of  business. 
Source.  Ch.  212.  S.  L.  1921. 

§  7619.  Meeting  of  Committee.  Such  committee  shall  meet  at  the 
office  of  the  county  superintendent  of  schools  on  the  second  Tuesday  of 
June,  1922,  and  every  five  years  thereafter,  and  select  and  adopt  a  complete 
series  of  school  text  books  to  be  used  in  the  schools  of  the  county:  Provided, 
nothing  in  this  article  shall  be  construed  to  prevent  any  County  Text  Book 
Committee  from  selecting  a  series  of  text  books  from  two  or  more  pub- 
lishers. The  County  Text  Book  Committee  shall  advertise  for  twenty  days 
in  the  official  newspapers  published  in  each  county  that  at  a  time  and 
place  named  in  the  notice  said  committee  will  receive  sealed  bids  for  fur- 
nishing school  books  to  the  pupils  of  the  public  schools  of  the  county  as 
provided  in  this  article  for  a  term  of  five  years. 
Source:   Ch.   212,   S.   L.    1921. 

§  7620.  Selecting  Text  Books.  Before  selecting  and  adopting  school 
text  books  in  accordance  with  the  provisions  of  this  article  it  shall  be  the 
duty  of  such  committee  to  take  into  consideration  the  books  used  in  the 
county,  and  all  books  submitted  by  the  publishers,  and  to  most  carefully 
consider  the  price,  the  type,  the  material  and  the  binding  and  other  items 

13 


that  go  to  make  up  a  desirable  text  book,  and  no  text  book  shall  be  adopted 
the  price  of  which  is  above  the  contract  or  wholesale  price  at  which  such 
books  shall  have  been  furnished  to  any  other  state,  county  or  school  corpor- 
poration  in  the  United  States  during  the  year  previous  to  such  adoption, 
and  should  any  publisher  reduce  the  contract  price  of  books  to  any  school 
corporation  within  the  Unitel  States  below  the  contract  price  entered  into 
by  such  text  book  committee,  such  publisher  shall  reduce  the  price  ac- 
cordingly to  each  school  corporation  within  the  State  of  South  Dakota. 
Source:  Ch.   212,   S.   L.    1921. 

§  7621.  Notice  of  Meeting.  The  county  superintendent  shall  notify 
each  member  of  the  County  Text  Book  Committee,  in  writing,  of  the  time 
and  place  of  meeting  at  least  twenty  days  before  the  date  of  such  meeting, 
and  he  shall  prepare  and  furnish  such  information  as  shall  assist  the  com- 
mittee in  acting  for  the  best  interests  of  the  people. 

SourcAt   Ch.    212,    S.    L.    1921. 

§  7622.  Contract  For  Books.  The  board  of  county  commissioners 
shall  contract  with  the  publishers  of  such  books  as  have  been  adopted  by 
the  County  Text  Book  Committee,  designating  the  price  at  which  such  books 
shall  be  furnished,  and  they  shall  pay  for  the  books  and  transportation  of 
the  same,  so  contracted  for,  out  of  the  general  fund  of  the  county  on  war- 
rants signed  by  the  county  auditor  and  countersigned  by  the  chairman  of 
the  board  of  county  commissioners,  and  all  leceipts  received  from  the  sale 
of  books  to  the  individual  school  districts  of  the  county  by  the  county 
auditor  shall  be  credited  to  the  general  fund  of  the  county. 

Source:   Ch.    212,    S.    L.    1921. 

§  7626.  Purchase  of  Books.  All  books  for  the  several  school  districts 
of  the  county  shall  be  purchased  by  the  county  in  compliance  with  the 
contract  entered  into  by  the  Board  of  County  Commissioners  and  shall  be 
paid  for  out  of  the  county  general  fund.  The  County  Auditor  shall  be 
designated  by  the  Board  of  County  Commissioners  as  purchasing  agent, 
who  shall  order  and  keep  on  hand  a  sufficient  number  of  each  text  of  books 
to  supply  each  pupil  in  the  schools  of  the  county,  which  books  shall  be 
furnished  to  all  pupils  free  of  cost  in  the  following  manner:  The  clerk  of 
the  school  district  board,  or  the  secretary  of  the  Board  of  Education,  in 
each  independent  district,  shall  ascertain  what  books  are  needed  in  the 
school,  or  schools,  in  his  district  from  time  to  time  and  order  the  same 
from  the  county  auditor,  who  shall  furnish  such  books.  Thereupon  the 
county  auditor  shall  charge  the  cost  of  such  books  to  the  school  district 
ordering  the  same  and  if  the  school  district  does  not  pay  for  the  same  at 
the  time  of  ordering,  the  county  auditor  shall  charge  the  same  to  the  school 
district  and  deduct  the  amount  from  the  first  installment  of  the  school 
fund  money  belonging  to  said  district  and  give  the  school  district  credit  for 
the  same. 

Provided,  however,  that  in  counties  where  the  county  superintendent 
of  schools  is  provided  with  a  permanent  office  deputy  he  shall  keep  the 
office  open  at  all  times  during  office  hours,  and  the  superintendent  shall 
have  the  custody  of  text  books  for  distribution  to  the  districts  of  the 
county,  and  in  such  distribution  it  shall  be  the  duty  of  the  county  superin- 
tendent of  schools  to  make  a  complete  report  to  the  county  auditor  each 
week  showing  in  detail  the  books  sold  and  delivered,  showing  names  of 
persons  and  names  or  numbers  of  school  districts  receiving  the  same,  to- 
gether with  number  of  each  kind  of  book  sold  or  delivered,  the  price  of 
each  and  the  aggregate  amount  of  such  sale,  and  if  any  such  books  are 
sold  for  cash,  it  shall  be  the  duty  of  such  county  superintendent  of  schools 

14 


to  turn  such  cash  over  to  the  county  auditor  with  each  such  report,  as 
above  provided,  and  upon  the  receipt  of  such  a  report  the  county  auditor 
shall  proceed  as  above  provided  in  this  section. 

Approved  March  12,  1921. 

Soarcei  Ch.  213.  S.  L.  1921. 

§  7629.  Bribery  Prohibited.  No  school  teacher,  teaching  within  the 
county,  school  officer  or  member  of  any  school  board  or  committee,  shall 
be  allowed  to  receive  any  emolument,  in  cash  or  otherwise,  from  any  pub- 
lisher, or  publishers,  of  school  books  in  payment  for  a  vote,  or  a  promise  to 
vote,  or  use  his  influence  for  any  book  or  books  to  be  used  in  the  schools 
under  his  charge,  or  within  the  county,  nor  shall  any  agent  or  other  person 
be  allowed  to  give  or  offer  any  emolument  as  heretofore  described,  or 
promise  of  work  or  other  inducement  to  any  teacher,  teaching  within  the 
county,  school  officer  or  member  of  any  school  board  or  committee  for  any 
vote,  or  promise  to  vote,  or  to  use  his  influence  for  any  book  or  books  to  be 
used  in  the  schools  under  his  charge:  provided,  that  nothing  in  this  sec  Jon 
shall  be  construed  to  prevent  any  member  of  the  text  book  committee  from 
receiving  a  reasonable  number  of  sample  copies  for  investigation  wich  a 
view  to  obtaining  information  as  to  the  book  or  series  of  books  for  which 
such  text  book  committeeman  shall  cast  his  vote;  provided,  further,  that 
nothing  in  this  section  shall  be  construed  to  prevent  any  teacher  from 
obtaining  employment  from  any  publishing  house  to  work  in  any  other 
county  in  the  interests  of  such  publishing  house.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of  misdemeanor. 
Source:  Ch.    212.   S.   L.   1921. 

§  7630.  The  board  of  education  of  any  independent  district  main- 
taining a  four-year  high  school  course  may  adopt  and  purchase  all  the  text 
books  for  any  such  independent  district  for  a  duration  of  time  as  may  be 
decided  by  such  board  and  furnish  the  same  to  the  pupils  of  such  district 
free  as  now  provided  by  law,  and  pay  for  same  out  of  the  special  school 
funds  of  such  district. 

Approved  March  12,  1921. 
Source:  Ch.    212,   S.   L.    1921. 

§  7642.  General  Requirements.  1.  Every  person  having  under  his 
control  a  child  of  the  age  of  eight  years  and  not  exceeding  the  age  of  seven- 
teen years,  shall  annually  cause  such  child  to  regularly  attend  some  public 
or  private  day  school  for  the  entire  term  during  which  the  public  school  in 
the  district  in  which  such  person  resides,  or  the  school  to  which  such  child 
is  assigned  to  attend,  is  in  session,  until  the  child  shall  have  completed  the 
first  eight  grades  of  the  regular  common  school  course,  or  shall  have  com- 
pleted a  course  in  a  private  day  school  equivalent  to  the  first  eight  grades 
of  the  regular  common  school  course,  or  shall  have  reached  the  age  of 
seventeen  years,  unless  excused  as  hereinafter  provided. 

2.  Truancy  Officers.  The  county  superintendent  shall  be  ex-officio 
county  truancy  officer  and  shall  be  charged  with  the  enforcement  of  the  com- 
pulsory school  laws  in  all  school  districts  of  the  county  which  do  not  employ 
a  special  truancy  officer,  and  shall  have  general  supervision  over  all  other 
truancy  officers.  Each  truancy  officer,  including  the  county  superintend- 
ent, shall  carefully  check  the  attendance  and  non-attendance  of  all  persons 
required  by  law  to  attend  school  in  the  district  or  districts  within  his 
jurisdiction,  and  shall  keep  an  accurate  record  of  those  persons  not  in  at- 
tendance is  irregular.  The  board  of  education  of  each  independent  school 
district  shall  each  year  appoint  and  provide  for  the  remuneration  of  a 
truancy  officer,  whose  duty  it  shall  be,  under  the  direction  of  such  board 
of  education  and  its  superintendent,  to  enforce  the  compulsory  attendance 

15 


laws  within  such  district.  Provided,  that  in  any  independent  school  district 
which  shall  fail  to  provide  such  truancy  officer,  the  president  of  the  board 
of  education  shall  act  as  truancy  officer  and  shall  be  held  responsible  for 
the  enforcement  of  the  compulsory  attendance  laws  within  such  independent 
district.  All  truancy  officers  provided  for  in  this  Article  shall  have  the 
powers  of  a  deputy  sheriff  in  the  exercise  of  their  duties,  and  shall  appre- 
hend without  warrant  children  of  compulsory  attendance  age  who  habitually 
haunt  public  places  and  have  no  lawful  occupation,  and  truant  children  who 
absent  themselves  from  school  without  leave,  and  place  them  in  charge  of 
the  teacher  having  charge  of  the  school  in  which  such  children  are  by  law 
entitled  to  attend.  Provided,  that  in  the  administration  of  their  duties, 
all  truancy  officers,  including  the  county  superintendent,  and  boards  of 
education,  shall  be  subject  to  the  general  supervisory  control  of  the  State 
Department  of  Public  Instruction. 

3.  Excuses  From  Attendance.  The  county  superintendent  shall  have 
authority  in  all  schools  under  his  direct  supervision,  and  the  board  of  edu- 
cation in  all  independent  school  districts  employing  and  maintaining  a 
superintendent  for  the  schools  of  such  independent  district  shall  likewise 
have  power,  to  excuse  a  child  from  school  attendance  for  the  following 
reasons: 

(a)  Because  of  serious  illness  in  his  immediate  family,  making  his 
presence  at  home  an  actual  necessity,  or  his  presence  in  school  a  menace 
to  the  health  of  the  other  pupils. 

(b)  Because  the  child  is  otherwise  instructed  by  a  completent  person 
and  for  a  like  period  of  time  in  the  branches  commonly  taught  in  the  public 
schools;  provided,  that  all.  such  instruction  shall  be  given  only  and  entirely 
in  the  English  language.  The  county  superintendent  shall  be  the  judge  as 
to  the  competency  of  such  instruction  and  the  child  so  instructed  shall  take 
such  examination  as  the  county  superintendent  may  require,  and  reports 
covering  his  work  shall  be  filed  with  the  county  superintendent  in  such  form 
and  as  often  as  that  officer  may  require. 

(c)  Because  the  physical  or  mental  condition  of  the  child  is  such  as  to 
render  his  attendance  at  school  unsafe,  impracticable  or  harmful  either  to 
such  child  or  to  others;  provided,  that  the  existence  of  such  condition  is 
evidenced  by  the  certificate  of  a  reputable  physician,  dentist  or  any  other 
person  who  may  lawfully  treat  sickness  or  disease  under  the  laws  of  the 
state. 

(d)  Because  the  child,  as  declared  by  a  reputable  physician,  is  mentally 
or  physicially  defective  and  cannot  receive  proper  instruction  in  the  com- 
mon schools,  in  which  case,  suitable  provision  shall  be  made  for  the  instruc- 
tion or  training  of  such  child  by  a  private  instructor  or  in  an  institution 
adapted  to  the  instruction  and  trainng  of  such  defectves.  Provided,  in  the 
event  that  a  blind,  deaf  or  feeble-minded  child  is  not  given  such  instruction, 
it  shall  be  the  duty  of  the  truancy  officer  to  institute  action  in  the  county 
court  for  the  committment  of  such  child  to  the  State  institution  maintained 
for  such  defectives,  unless  such  child  shall  be  excused  from  attendance  by 
the  superintendent  of  such  institution. 

(e)  Between  April  1st  and  November  1st,  should  there  exist  an  extreme 
need  for  the  child's  assistance  at  home,  he  may  be  excused  from  attendance 
at  school  for  a  period  of  not  to  exceed  forty  school  days;  provided,  that 
such  child  shall  have  complete  the  sixth  grade  of  the  common  school  course 
or  its  equivalent. 

(f)  Provided,  that  all  applications  for  excuse  from  school  attendance 
shall  be  in  writing,  and  if  granted,  a  certificate  shall  be  issued  by  the 
superintendent  of  schools  having  jurisdiction  over  the  district  in  which  the 
child  resides,  stating  the  reason  for  such  excuse  and  the  period  for  which 
it  is  issued.  Provided,  further,  that  any  reputable  citizen  who  is  dissatisfied 
with  the  decision  of  the  county  superintendent  or  board  of  education,   as 

16 


the  case  may  be,  may  appeal  the  matter  to  the  Superintendent  of  Public 
Instruction,  whose  decision  shall  be  final.  A  permanent  record  of  all  such 
certificates  of  excuse  shall  be  kept  by  the  county  superintendent  and  by  the 
clerk  of  the  board  of  education,  and  duplicates  forwarded  to  the  Superin- 
tendent of  Public  Instruction  at  the  time  of  issue,  and  the  teacher  of  the 
school  to  which  such  child  belongs  shall  be  promptly  notified  of  the  issuance 
of  such  certificates. 

4.  Reports  and  Notices,  (a)  Each  teacher  in  the  county  under  the 
direct  supervision  of  the  county  superintendent  shall  keep  an  accurate 
record  of  the  attendance  or  non-attendance  of  all  persons  of  compulsory 
school  age  who  are  or  should  be  enrolled  in  her  classes.  She  shall  report 
the  names  of  all  persons  of  compulsory  school  age  not  in  attendance  or 
whose  attendance  is  irregular,  with  reasons  for  same  if  known,  promptly 
every  two  weeks  to  the  county  superintendent  on  blanks  provided  for  that 
purpose. 

(b)  It  shall  be  the  duty  of  teachers,  members  of  boards  of  education 
and  district  school  officers  to  warn  parents  or  persons  in  control  of  children 
of  compulsory  school  age  to  cause  such  children  to  enter  school  and  attend 
regularly,  and  to  report  them  to  the  truancy  officer  for  such  district  if  such 
warning  is  not  heeded,  and  all  school  officers,  superintendents  and  teachers 
shall  cooperate  in  the  enforcement  of  the  school  attendance  laws. 

5.  Delinquency.  Any  child  of  compulsory  school  age  who  habitually 
absents  himself  from  school  without  legal  excuse,  or  who  refuses  to  attend 
school,  or  who  by  boistrous  acts  or  language  or  wilful  disobedience  seriously 
intereferes  with  the  discipline  and  management  of  a  school,  shall  be  deemed 
a  delinquent  child,  and  action  shall  be  instituted  against  him  by  those 
charged  with  the  enforcement  of  the  compulsory  attendance  laws,  in  the 
proper  court. 

Sources  Ch.  199.  S.  L.  1921. 

§  7643.  Method  of  Enforcement.  1.  It  shall  be  the  duty  of  all 
truancy  officers  to  make  and  file  complaints,  and  any  teacher,  school  of- 
ficer, or  any  reputable  citizen  may  make  and  file  such  complaint,  before 
the  county  court,  against  any  person  having  control  of  a  child  of  compulsory 
school  age  who  is  not  attending  school  or  whose  attendance  is  irregular,  or 
who  has  been  guilty  of  habitual  truancy;  and  such  complaint  shall  state  the 
name,  if  known,  of  the  father  or  mother  of  such  child  or  the  survivor  of 
them,  and  if  the  father  or  mother  is  not  living  or  cannot  be  found  in  the 
county  or  if  their  names  cannot  be  ascertained,  then  the  name  of  the  legal 
guardian,  and  if  there  be  none,  then  the  person  who  in  the  judgment  of  the 
complainant  is  responsible  for  the  control  of  the  child.  Such  complaint 
shall  be  verified  by  oath  upon  belief  of  the  complainant.  Upon  the  filing  of 
such  complaint,  the  judge  of  the  county  court  shall  forthwith  cause  to  be 
issued  a  warrant  of  arrest  to  the  sheriff  of  the  county  directing  him  to 
bring  such  parent,  guardian  or  person  before  the  court  and  to  summon 
such  witnesses  as  may  be  necessary  to  ascertain  the  facts  in  the  case.  Pro- 
vided, that  if  such  complaint  shall  contain  a  statement  to  the  effect  that  the 
complainant  believes  that  the  county  judge  of  such  county  is  personally 
interested  in  the  subject  thereof,  or  is  otherwise  disqualified,  or  that  in 
the  opinion  of  the  complainant,  a  fair  and  impartial  hearing  and  determin- 
ation of  the  subject  matter  of  said  complaint  cannot  be  had  before  said 
county  judge  because  of  the  interest,  prejudice  or  bias  of  said  county  judge, 
then  said  complaint  may  be  addressed  and  presented  to  the  circuit  judge  of 
the  circuit  in  which  said  county  is  located,  who  shall  thereupon  have  juris- 
diction, and  whose  duty  it  shall  then  be,  to  forthwith  proceed  in  said  matter 
in  accordance  with  the  provisions  of  this  Section.  And  after  such  a  com- 
plaint shall  have  been  filed  by  any  person  other  than  the  county  superin- 

17 


tendent  or  Superintendent  of  Public  Instruction,  the  State  shall  have  the 
right  to  change  the  venue  thereof  to  the  circuit  court  upon  the  filing  of  a 
proper  affidavit  declaring  interest,  prejudice  or  bias  on  the  part  of  the 
county  judge  as  aforesaid. 

2.  Penalty,  (a)  Any  person  having  control  of  a  child  of  compulsory 
school  age  who  fails  to  cause  such  child  to  attend  school  as  herein  required, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  ten  dollars  ($10.00)  nor  more  than 
fifty  ($50.00)  for  the  first  offense.  For  each  subsequent  offense  he  shall 
be  subject  to  a  fine  of  not  less  than  twenty-five  dollars  ($25.00)  nor  more 
than  one  hundred  dollars  ($100.00)  or  imprisonment  in  the  county  jail  for 
not  less  than  ten  days  nor  more  than  thirty  days,  or  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court,  and  shall  stand  committed 
until  such  fine  and  cos.s  are  paid.  Provided,  that  such  fine  shall  be  paid 
to  the  county  treasurer  and  by  him  credited  to  the  school  fund  of  the 
county  in  which  the  convicted  person  resides. 

(b)  Any  county  superintendent  who  shall  wilfully  neglect  to  perform 
his  duties  as  truancy  officer;  any  teacher  who  shall  fail  to  make  prompt 
reports  on  attendance  and  non-attendance  as  required  by  law;  any  person 
who  shall  harbor  or  employ  a  child  of  compulsory  school  age  not  legally 
excused  during  the  school  term;  the  members  of  any  school  board  or  board 
of  education  that  shall  wilfully  neglect  or  refuse  to  provide  school  facilities 
for  children  of  their  school  district  for  at  least  eight  months  during  the 
school  year,  or  that  wilfully  neglect  to  perform  any  other  duties  enumerated 
in  this  Article;  any  truancy  officer  who  shall  wilfully  neglect  to  perform 
the  duties  of  his  office;  or  any  person  who  shall  hamper  or  hinder  a  child 
of  compulsory  school  age  from  attending  a  school  which  meets  all  legal 
requirements  or  who  knowingly  or  wilfully  interferes  or  attempts  to  inter- 
fere with  such  attendance,  shall  be  guilty  of  a  misdemeanor  and  shall  be 
subject  to  the  same  penalty  as  parents  who  violate  the  requirements  of  this 
Article. 

3.  Superintendent  of  Public  Instruction  Charged  with  Enforcement. 
The  Superintendent  of  Public  Instruction,  or  his  authorized  agent,  is  hereby 
charged  with  the  general  enforcement  of  the  provisions  of  this  Article,  as 
well  as  all  laws  of  this  State  relating  to  compulsory  attendance  of  persons 
of  school  age,  and  in  the  performance  of  such  duties  shall  have  the  same 
powers  and  privileges  herein  granted  to  truancy  officers. 

Source:  Ch.  199,  S.  L.  1921. 

§  7644.  Supervision  of  Private  Instruction.  All  private  school  in- 
struction and  all  private  instruction  accepted  in  lieu  of  public  school 
instruction  shall  first  be  approved  by  the  county  superintendent,  who 
shall  exercise  supervision  over  such  schools  and  such  instruction, 
and  shall  exercise  the  right  of  visitation  and  inspection  thereof  and 
may  revoke  his  approval  of  such  instruction  at  any  time,  and  such 
schools  shall  make  all  reports  to  the  county  superintendent  concern- 
ing attendance  as  are  required  of  public  schools;  provided,  that  any 
person  aggrieved  by  the  decision  of  the  county  superintendent  in  the  exer- 
cise of  such  supervision  may  appeal  to  the  Superintendent  of  Public  Instruc- 
tion, whose  decision  shall  be  final.  Provided,  that  no  person  shall  be  per- 
mitted to  teach  in  any  private  school  any  of  the  branches  prescribed  to  be 
taught  in  the  public  schools  unless  such  person  shall  hold  a  certificate  en- 
titling him  to  teach  the  same  branches  in  the  public  schools  of  this  State. 
Provided,  further,  that  every  instructor  in  any  public  or  private  school, 
every  school  officer,  and  every  other  person,  who  shall  violate  the  pro- 
visions of  this  Section,  shall  be  deemed  guilty  of  a  misdemeanor  and  shall 
be  punished  by  a  fine   of  not   less   than   twenty-five   dollars    ($2  5.00)    nor 

18 


more  than  one  hundred  dollars  ($100.00)  and  in  addition  thereto  such 
violation  shall  be  sufficient  grounds  for  revocation  by  the  Superintendent 
of  Public  Instruction  of  any  teacher's  certificate  held  by  anyone  so  violating 
the  provisions  hereof.  All  fines  collected  under  this  Section  shall  be  paid 
to  the  county  treasurer  and  by  him  credited  to  the  county  general  school 
fund. 

Approved  February  24,  1921. 
Source!  Ch.   199,  S.  L.  1921. 


CHAPTER  205,  SESSION  LAWS  1921 

STATE  AID   FOR   RURAL  AND   CONSOLIDATED   SCHOOLS 


Section  1.  That  Section  1  of  Chapter  49  of  the  Session  Laws  of  1919 
is  hereby  amended  to  read  as  follows: 

§  1.  For  the  purpose  of  improving  and  standardizing  educational 
facilities  in  the  rural  and  consolidated  schools  of  the  State,  and  to  create 
better  hygienic  and  sanitary  conditions  therein,  the  Superintendent  of  Pub- 
lic Instruction  is  hereby  authorized  and  required  to  apportion  State  Aid  to 
schools  which  shall  measure  up  to  the  standards  prescribed  under  the  pro- 
visions of  this  Act.  All  allotments  of  State  Aid  to  schools  under  the  pro- 
visions of  this  Act  shall  be  paid  out  of  the  funds  of  the  Department  of 
Public  Instruction  appropriated  for  that  purpose.  Provided,  that  any  un- 
expended balance  remaining  in  the  fund  already  appropriated  as  provided 
in  Chapter  49  of  the  Session  Laws  of  1919  shall  not  revert  to  the  general 
fund,  but  shall  be  carried  forward  into  the  State  Aid  funds  of  the  Depart- 
ment of  Public  Instruction  provided  for  the  biennium  ending  June  30, 
1923.  Provided,  that  this  Act  shall  not  be  construed  as  repealing  any 
appropriation  made  in  Chapter  49  of  the  Session  Laws  of  1919  for  the 
fiscal  year  ending  June  30,  1921. 

That  Section  2  of  Chapter  45  of  the  Session  Laws  of  1919  be  amended 
to  read  as  follows: 

§  2.  For  the  purpose  of  distributing  State  Aid,  school  districts  shall 
be  classified  as  State  Rural  Schools  and  State  Consolidated  Schools,  The 
amounts  hereinafter  specified  shall  be  distributed  annually  to  school  dis- 
tricts which  shall  comply  with  the  provisions  of  this  law  as  hereinafter 
provided. 

That  Section  7  of  Chapter  49  of  the  Session  Laws  of  1919  be  amended 
to  read  as  follows: 

§  7.  Amount  and  Method  of  Apportionment.  On  or  before  the  first 
day  of  June  of  each  year  the  Superintendent  of  Public  Instruction  shall  ap- 
portion to  each  of  the  schools  which  have  fully  complied  with  the  provisions 
of  this  Act  and  such  additional  rules  as  may  be  prescribed  by  the  Superin- 
tendent of  Public  Instruction,  in  the  following  amounts:  To  State  Rural 
Schools,  the  sum  of  one  hundred  fifty  ($150.00)  dollars;  to  First  Class 
State  Consolidated  Schools,  the  sum  of  four  hundred  ($400.00)  dollars;  to 
Second  Class  State  Consolidated  Schools,  the  sum  of  two  hundred  fifty 
($250.00)  dollars;  and  to  State  Consolidated  High  Schools,  the  sum  of  six 
hundred  ($600.00)  dollars;  to  any  school  district  which  shall  erect  a  suit- 
able cottage  as  a  teacher's  home  according  to  the  plans  and  specifications 
approved  by  the  Superintendent  of  Public  Instruction,  the  sum  of  five 
hundred  ($500.00)  dollars  upon  completion  of  the  building.  Provided, 
however,  that  in  case  the  amount  appropriated  and  available  shall  not  be 
sufficient  to  pay  the  amounts   specified  above,   then   the   amount   available 

19 


shall  be  apportioned  pro  rata  among  the  schools  thereto,  and  any  monies 
under  this  Act  shall  be  used  solely  to  increase  the  efficiency  of  such  schools. 
Provided,  that  not  more  than  two  schools  of  each  class  in  any  one  township 
shall  receive  State  Aid  under  the  provisions   of  this  Act. 
Approved  March  12,  1921. 


CHAPTER  202,  SESSION  LrAWS  1921. 

RELATING  TO  ABANDONMENT  OP  CONSOLIDATED   SCHOOLS 


Section  1.  •  That  Chapter  171  of  the  Session  Laws  of  1919  is  hereby 
amended  to  read  as  follows: 

§  1.  That  in  all  school  districts  in  which  an  election  has  been  held 
for  the  purpose  of  forming  a  "Consolidated  School  District"  and  in  which 
no  building  or  buildings  have  been  erected  or  purchased  and  in  which  no 
bonds  have  been  issued  since  the  consolidation  of  said  district,  and  election 
may  be  called  and  held,  as  hereinafter  provided,  after  the  expiration  of  one 
year  from  the  consolidation  of  such  district  or  districts,  for  the  purpose  of 
determining  whether  the  consolidation  of  such  district  or  districts  shall  be 
abandoned,  and  said  district  or  districts  reorganized  as  common  school 
districts. 

§  2.  Upon  presentation  to  the  county  superintendent  of  a  petition 
signed  by  at  least  forty  (40)  per  cent  of  the  electors  of  any  such  Consoli- 
dated School  District,  qualified  to  vote  at  school  meetings,  the  genuineness 
of  whose  signatures  shall  be  verified  by  the  affidavit  of  the  person  who 
circulated  such  petition,  asking  for  the  abandonment  of  such  Consolidated 
District,  the  county  superintendent  shall  within  ten  (10)  days  cause  twenty 
(20)  days'  posted  notice  to  be  given  in  such  Consolidated  School  District 
and  one  (1)  week's  published  notice,  if  there  be  a  newspaper  in  such  dis- 
trict, of  an  election  to  be  held  upon  the  question  of  the  abandonment  of  the 
consolidation  of  said  district,  at  a  time  and  place  so  specified  in  such  notice. 
At  such  election,  the  board  of  education  of  said  Consolidated  School  Dis- 
trict shall  elect  from  their  number  a  chairman  and  clerk  who  shall  be  the 
officers  of  the  meeting.  The  chairman  shall  appoint  two  tellers  and  the 
meeting  or  election  shall  be  conducted  as  are  the  regular  annual  school 
meetings.  The  vote  of  such  election  or  meeting  shall  be  by  ballot  which 
shall  read  "For  Abandonment  of  Consolidation"  or  "Against  Abandonment 
of  Consolidation."  The  officers  of  such  meeting  or  election  shall  within 
ten  (10)  days  certify  the  result  of  the  vote  to  the  county  superintendent. 
If  a  majority  of  all  of  the  electors  of  such  consolidated  district,  vote  in  favor 
of  abandonment,  the  county  superintendent  shall  on  the  first  day  of  July 
immediately  following  such  election  make  proper  orders  to  give  effect  to 
such  vote  and  shall  transmit  a  copy  thereof  to  the  auditor  of  the  county 
and  to  the  clerk  of  the  said  District  affected,  and  also  to  the  Superintend- 
ent of  Public  Instruction.  The  county  superintendent  shall  also  immediately 
cause  ten  (10)  days'  posted  notice  in  each  of  the  former  districts  included 
in  said  abandoned  Consolidated  School  District,  of  a  meeting  to  be  held  for 
the  purpose  of  electing  a  chairman,  clerk  and  treasurer  for  each  common 
school  district  and  a  Board  of  Education  and  a  treasurer  for  the  Independ- 
ent District  therein  which  territory  shall  thereafter  be  and  remain  a  school 
district  and  be  governed  by  the  general  laws  of  the  State  of  South  Dakota 
applying  to  school  districts,  until  changed  or  divided  by  the  provisions  of 
law  applying  thereto. 

§  3.  For  the  purpose  of  determining  the  number  of  electors  within 
such   Consolidated   School   District   for   such   election,    the   county   superin- 

20 


iendent  shall,  immediately  upon  filing  of  petition  asking  for  such  election, 
appoint  three  of  the  members  of  the  board  of  education  of  said  Consolidated 
School  District  who  shall  constitute  a  board  of  registration.  Such  registra- 
tion board  shall  meet  on  the  second  Tuesday  following  the  date  of  their 
appointment,  at  the  place  designated  for  holding  such  election,  and  shall 
meet  again  on  the  following  Tuesday;  and  shall  be  governed  by  the  laws 
on  Municipal  Registration  as  found  in  Sections  7086  to  7096  inclusive,  of 
the  Revised  Code  of  1919;  except  that  where  the  law  applies  to  cities  and 
towns,  this  shall  apply  to  Consolidated  School  Districts;  provided  however, 
that  any  person  whose  name  does  not  appear  on  such  reiistration  list,  but 
who  votes  at  such  election,  upon  executing  proper  affidavit,  shall  have  his 
name  added  to  such  registration  list  and  shall  be  counted  as  one  of  the 
electors  in  said  district. 

§  4.  All  properties,  acquired  by  the  Consolidated  School  District 
seeking  to  be  dissolved  under  this  Act  and  where  such  Consolidated  District 
has  been  dissolved,  shall  be  re-distributed  by  the  county  superintendent  to 
the  school  districts  which  are  created  from  the  dissolved  Consolidated 
School  District  in  the  same  ratio  as  such  property  was  acquired;  provided, 
however,  that  such  property  as  formerly  belonging  to  the  districts  com- 
posing such  Consolidated  School  District,  shall  be  returned  to  the  district 
that  previously  owned  it. 

§  5.  Provided,  however,  that  in  any  consolidated  district  in  which 
there  is  an  incorporated  town  or  city  and  which  consolidated  district  comes 
under  the  provisions  of  section  one  of  this  act,  the  several  original  dis- 
tricts embraced  in  such  consolidated  district  may  vote  separately  upon  the 
question  of  abandonment  provided  none  of  the  common  school  districts 
embraced  therein  have  been  divided  in  forming  such  consolidation  and  an 
election  may  be  called  and  held  simultaneously  in  each  of  such  districts 
upon  the  filing  of  a  petition  containing  the  percentage  of  signatures  for 
each  district  as  provided  in  Section  2  of  this  act  with  the  county  superin- 
tendent of  schools.  Upon  the  filing  of  such  petition  it  shall  be  the  duty 
of  the  county  superintendent  of  schools  to  call  the  election  in  the  several 
original  districts  of  such  consolidated  district  to  vote  upon  the  question  of 
abandonment.  Upon  the  filing  of  such  petitions  the  county  superintendent 
of  school  shall  provide  for  the  registration  of  electors  in  and  for  each 
district.  The  calling  of  the  election  in  each  district  as  provided  shall  be 
governed  by  Section  2  of  this  Act  and  upon  the  holding  of  such  election 
and  the  canvass  of  the  vote  by  the  county  superintendent  of  schools  if  it 
shall  be  found  that  seventy-five  per  cent  of  all  the  electors  of  the  original 
common  school  districts  embraced  within  such  Consolidated  District  vote  for 
abandonment;  then  such  Consolidated  District  shall  be  dissolved  and  each 
district  shall  be  reinstated  as  it  origihally  existed  prior  to  consolidation  and 
property  returned  as  provided  in  Section  4  of  this  Act. 

Emergency.     Approved  March  14,  1921. 


CHAPTER  211.  SESSION  LAWS  1921 

RELATING   TO   TRAINING   OF   TEACHERS 


Chapter    182,   Session   Laws   1919.      (House   Bill    119) 
Section  1.       That  Section  1  of  Chapter  182  of  the  Session  Laws  of  1919 
be  amended  to  read  as  follows: 

§  1.  The  Superintendent  of  Public  Instruction  is  hereby  authorized 
to  apportion  State  aid  to  high  schools  which  shall  maintain  a  Normal  De- 
partment for  the  training  of  teachers  with  special  reference  to  work  in  the 
rural  schools  of  the  State.     All  allotments  of  State  aid  to  high  schools  under 

21 


the  provisions  of  this  Act  shall  be  paid  out  of  the  funds  of  the  Department 
of  Public  Instruction,  appropriated  as  State  aid  for  such  purposes.  The 
amount  of  State  aid  apportioned  to  any  high  school  shall  not  exceed  the 
sum  of  One  Thousand  ($1,000.00)  Dollars  per  annum.  Provided,  that  any 
unexpended  balance  remaining  in  the  fund  already  appropriated  as  provided 
in  Chapter  182  of  the  Session  Laws  of  1919  shall  not  revert  to  the  general 
fund,  but  shall  be  carried  forward  into  the  State  aid  funds  of  the  Depart- 
ment of  Public  Instruction  provided  for  the  biennium  ending  June  30,  1923. 
Provided,  further  that  this  Act  shall  not  be  construed  as  repealing  any 
appropriation  made  in  Chapter  182  of  the  Session  Laws  of  1919  for  the 
fiscal  year  ending  June  30,  1921. 
•       Approved  March  12,   1921. 


CHAPTER  200,  SESSION  LAWS  1921 

RELATING  TO  COMPULSORY   EDUCATION 


Chapter  169,  Session  Laws  1919.      (House  Bill  187) 
Section    1.     That   Section    8    of   Chapter    169    of   the   Session    Laws    of 
1919  be  amended  to  read  as  follows: 

§  8.  (a)  All  expenses  incurred  in  maintaining  evening  school  classes 
and  otherwise  enforcing  and  administering  the  provisions  of  this  Act,  shall 
be  paid  out  of  the  funds  of  the  Department  of  Public  Instruction  appro- 
priated as  State  aid  for  such  purposes;  provided,  that  after  June  30,  1921. 
not  to  exceed  the  sum  of  five  thousand  ($5,000.00)  dollars  of  the  afore- 
mentioned fund  shall  be  used  for  salaries  and  traveling  expenses  of  em- 
ployees in  any  one  year. 

(b)  Provided  further,  that  if  the  appropriation  made  in  Chapter  169 
of  the  Session  Laws  of  1919  shall  be  insufficient  to  pay  all  claims  for  State 
aid  for  the  establishment  of  evening  school  classes  which  have  been  ap- 
proved prior  to  July  1,  1921,  then  sujch  claims  shall  be  paid  out  of  the 
appropriation  for  State  aid  to  rural  and  consolidated  schools  as  provided 
in  Chapter  49  of  the  Session  Laws  of  1919  for  the  fiscal  year  ending  June 
30,   1921 


CHAPTER  142,  SESSION  LAWS  1921 

CHILD    WELFARE    COMMISSION 


§  1.  Appointment.  The  State  Child  Welare  Commission  shall  appoint 
in  each  county  two  persons,  resident  therein,  at  least  one  of  whom  shall  be 
a  woman,  who  shall  serve  without  compensation  except  as  may  be  agreed 
upon  by  the  county  commissioners,  and  hold  office  for  two  years,  and  who 
together  with  the  county  superintendent  of  schools,  the  county  superintend- 
ent of  health  and  the  county  judge,  shall  constitute  a  child  welfare  board 
for  the  county,  which  shall  select  its  own  chairman. 

§  2.  Duties.  The  Child  Welfare  Board  shall  perform  such  duties  as 
may  be  required  of  it  by  said  State  Child  Welfare  Commission,  in  further- 
ance of  the  purposes  of  this  Act;  and  may  appoint  from  their  number  or 
otherwise,  a  secretary  and  all  necessary  assistants,  who  shall  receive  from 
the  county  such  salaries  as  may  be  fixed  by  the  county  child  welfare  board 
with  the  approval  of  the  county  commissioners.  The  county  welfare  board 
shall  make  such  visitations  and  reports  as  the  State  Commission  may  re- 
quest and  act  in  a  general  advisory  capacity  to  the  county  and   municipal 

22 


authorities  In  dealing  with  questions  of  dependency  and  delinquency,   and 
social  conditions  generally. 

§  3.  Co-operation  With  Organization.  In  counties  where  there  are 
cities  which  already  have  a  local  board  of  welfare  or  other  social  agencies, 
or  which  may  wish  to  establish  such,  the  governing  bodies  of  such  cities 
may  make  such  arrangements  with  the  county  commissioners  to  consolidate 
the  work  under  the  authority  and  supervision  of  the  county  child  welfare 
board  as  may  be  mutually  agreed  upon  with  such  division  of  expenses  as 
may  be  equitable.  The  governing  bodies  of  such  cities  and  the  county 
commissioners  are  hereby  authorized  to  make  such  provision  for  the  expense 
of  carrying  on  the  work  as  they  may  deem  advisable  and  may  delegate  to 
the  county  child  welfare  board  necessary  power. 

Approved  March  12,  1921. 


CHAPTER  203,  SESSION  LAWS  1921 

RELATING    TO   THE    USE    OF   THE    ENGLISH    LANGUAGE    IN   ALL 

SCHOOLS 


§  1.  It  is  the  civic  right  of  every  child  of  school  age  to  receive  in- 
struction in  the  subjects  outlined  in  the  State  course  of  study  and  men- 
tioned in  Chapter  168,  Laws  of  1919,  in  the  English  language,  for  a  term 
provided  in  the  State  course  of  study  and  in  the  laws  of  the  State,  until 
such  child  shall  have  completed  the  eighth  grade;  and  it  shall  be  unlawful 
for  any  person  or  persons  to  act,  aid,  assist,  advise  or  be  instrumental  in 
abridging  or  attempting  to  abridge  the  privilege  of  any  child  to  receive  such 
instruction  by  submitting  therefor  instruction  in  some  foreign  language 
either  by  shortening  the  course  of  instruction  in  English  in  any  school  or 
by  coercing,  requiring  or  inducing  any  child  to  withdraw  from  a  school  in 
which  instruction  is  given  in  English  to  attend  a  school  in  which  instruction 
is  given  in  any  foreign  language,  or  to  establish  a  school  in  which  instruc- 
tion is  given  in  any  foreign  language  as  a  substitute  for  a  school  in  which 
English  is  the  sole  medium  of  instruction. 

§  2.  It  shall  be  unlawful  at  any  time  during  the  months  from  Sep- 
tember to  May,  both  inclusive,  for  any  person  or  persons  or  corporation  to 
occupy  or  use  any  public  school  room  or  other  public  building  in  this  State 
for  the  purpose  of  giving  instruction  in  any  foreign  or  ancient  language  or 
for  teaching  any  subject,  or  subjects,  in  any  excepting  the  English  language 
except  as  permitted  by  the  State  Course  of  Study  and  in  conformity  with 
the  provisions  of  Chapter  168  of  the  Session  Laws  of -1919;  and  it  shall 
be  unlawful  during  the  time  above  specified  for  any  school  board  or  officer 
to  authorize  or  permit  the  use  of  any  public  school  room  or  other  public 
building  within  this  State  for  the  purpose  of  teaching  any  foreign  or  ancient 
language  or  for  the  purpose  of  teaching  any  subject  in  such  language  con- 
trary to  the  provisions  of  this  section  and  of  the  laws  herein  before  referred 
to.  Provided,  that  nothing  herein  contained  shall  be  construed  to  interfere 
with  religious  exercises  on  days  other  than  school  days. 

§  3.  Any  person  who  shall  violate  any  of  the  provisions  of  this  Act 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not 
less  than  fifty  dollars  and  not  exceeding  five  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  for  for  a  period  not  less  than  thirty  days  nor 
more  than  ninety  days,  or  both  such  fine  and  imprisonment. 

Approved  March   11,   1921. 

23 


CHAPTER  210,  SESSION  LAWS  1921 

OATH   OF  ALLEGIANCE   FOR   TEACHERS 


§  1.  That  no  teacher's  certificate  of  any  grade  shall  hereatfer  be 
issued  in  this  State  unless  the  applicant  shall  first  take  and  subscribe  an 
oath  to  support  the  Constitution  of  the  United  States  and  of  the  State  of 
Souh  Dakota,  which  shall  be  kept  on  file  in  the  office  of  the  Superintendent 
of  Public  Instruction. 

§  2.  No  teacher  shall  hereafter  be  employed  in  any  private  or 
parochial  or  public  school,  or  in  any  other  educational  institution  within 
this  State  who  shall  not  have  taken  and  subscribed  an  oath  of  allegiance 
as  required  in  Section  one  hereof,  either  preliminary  to  the  issuance  of  his 
teacher's  certificate  or  at  the  time  of  .his  employment;  in  the  latter  case 
such  oath  shall  be  attached  to  and  become  a  part  of  his  contract  of  em- 
ployment. 

§  3.  No  school  board  or  officer  shall  hereafter  employ  as  a  teacher 
any  person  who  shall  refuse  to  take  the  oath  of  allegiance  hereinbefore 
provided  for. 

§  4.  Any  teacher  who  shall  have  publicly  reviled,  ridiculed  or  other- 
wise spoken  or  acted  with  disrespect  and  contumacy  towards  the  flag  of  the 
United  States  or  its  official  uniforms  or  insignia,  or  towards  the  system  of 
government  of  the  United  States  and  its  Constitution,  or  shall  refuse  to  take 
the  and  subscribe  the  oath  of  allegiance  hereinbefore  required,  shall  there- 
after forever  be  disqualified  to  teach  in  any  public  school  within  this 
State,  and  the  certificate  of  any  such  teacher  shall  be  revoked  by  the 
Superintendent  of  Public  Instruction  upon  satisfactory  proof  of  the  com- 
mission of  any  such  offense. 

Approved  Feb.  8,  1921. 


CHAPTER  145,  SESSION  LAWS  1921 

COMMUNITY    CENTERS 

§  1.  A  community  center  may  be  created  and  a  community  house 
therein  erected,  maintained,  operated  and  managed  in  any  tract  of  con- 
tiguous territory  containing  not  less  than  sixteen  square  miles  or  a  popu- 
lation of  at  least  one  hundred  inhabitants,  such  territory  to  be  bounded 
by  township  or  school  district  lines;  provided,  that  any  such  community 
may  comprise  two  or  more  townships  or  school  districts.  Such  house,  if 
dedicated  to  the  memory  of  Soldiers  and  Sailors  of  the  United  States,  may 
be  called  "The  Memorial  Community  House,"  of  such  district. 

§  2.  A  petition  praying  for  the  submission  of  the  question  of  estab- 
lishing such  a  community  center  to  the  electors  of  such  tract,  may  be  pre- 
sented, if  wholly  within  any  township  or  school  district,  to  the  chairman 
of  the  township  or  district  board,  and  if  comprising  territory  in  two  or 
more  such  townships  or  districts,  to  the  chairman  of  the  corporation 
having  the  greatest  area  in  such  proposed  district.  Such  petition  shall 
designate  a  proposed  name  and  shall  describe  the  boundaries  of  the  pro- 
posed community  center,  which  shall  not  include  any  territory  included  in 
any  community  center  already  organized,  and  shall  be  signed  by  at  least 
one-fourth  of  the  electors,  resident  therein,  qualified  to  vote  at  general 
elections. 

§  3.  Said  officer  shall  within  ten  days  of  the  receipt  of  said  petition 
notify  the  said  officers  of  any  other  public  corporation  a  part  of  whose 
territory  is  included   of  the  receipt  of  said  petition,   and   shall   set  a  date 

24 


and  place  for  a  meeting  if  all  such  officers  for  the  purpose  of  fixing  a  time 
and  place  for  holding  such  community  center  election,  at  which  time  and 
place  it  shall  be  their  duty  to  meet  and  fix  the  time  and  place  for  holding 
the  election  hereinafter  provided  for,  which  shall  not  be  more  than  sixty 
days  after  presentation  of  the  petition.  If  any  officer  is  unable  to  attend 
such  meeting  he  shall  delegate  one  of  the  other  officers  of  his  township  or 
district,  as  the  case  may  be,  to  attend  and  act  in  his  place.  In  case  said 
tract  lies  within  a  single  public  corporation,  the  officer  to  whom  the 
petition  is  presented  shall,  within  five  days  of  its  receipt,  fix  a  time  and 
place  for  holding  such  election.  The  election  shall  be  noticed  and  con- 
ducted for  the  entire  tract  of  territory  which  is  to  be  included  in  the 
proposed  community  center  by  the  election  officers  of  the  corporation  in 
which  the  election  is  to  be  held. 

§  4.  The  time  and  place  of  such  election  being  fixed,  the  person  to 
whom  the  petition  was  presented  shall  forthwith  notify  the  clerk  of  his 
corporation  of  the  time  and  place  fixed  for  such  election,  and  such  clerk 
shall  at  once  cause  ten  days'  notice  of  such  election  to  be  given  by  posting 
a  copy  thereof  in  at  least  six  different  public  places  in  such  tract  or  ter- 
ritory, or  by  publishing  such  notice  in  any  newspaper  published  therein 
once  each  week  for  two  weeks  immediately  prior  to  the  time  set  for  hold- 
ing the  election.  The  election  shall  be  conducted  and  the  vote  canvassed 
according  to  the  statutes  for  conducting  school  district  meetings. 

§  5.  In  all  cases  the  vote  shall  be  by  ballot,  with  separate  ballot 
boxes  for  each  public  corporation  of  which  any  territory  is  included  in  the 
petition.  Ballots  written  or  printed  shall  be  either  "for  the  community 
house,"  or  "against  the  community  house,"  or  either  "Yes"  or  "No"  or 
any  other  designation  plainly  showing  the  voter's  intent.  If  a  majority  of 
the  electors  voting  from  each  public  corporation  of  the  territory  proposed 
to  be  Included  are  in  favor  of  such  organization,  the  proposal  shall  be 
deemed  carried;  otherwise  not.  If  carried,  the  result  shall  then  be  certi- 
fied at  once  by  the  election  officers  within  six  days  thereafter  to  the  clerk 
of  each  township  or  district  concerned,  and  to  the  clerk  of  the  county,  and 
by  the  latter  promptly  to  the  Secretary  of  State,  each  of  whom  sh'all  file 
such  certificate,  and  such  tract  or  territory  shall  thereupon  constiute  a 
public  corporation  from  the  date  of  such  election  of  the  name  designated 
in  the  petition. 

§  6.  The  expenses,  if  any,  of  any  such  election  conducted  for  the 
purpose  of  determining  a  community  center  shall  be  borne  in  the  first 
instance  by  the  municipality  to  whose  officer  the  petition  Is  presented, 
which  shall  have  a  claim  therefore  against  the  community  center  cor- 
poration if  organized,  and  if  defeated,  against  each  other  corpor- 
ation for  Its  share  apportioned  on  the  basis  of  the  assessed  valuation  of 
the  territory  included  in  the  petition  as  last  determined  by  the  local  boards 
of  equalization. 

§  7.  The  officers  of  such  community  center  shall  be  the  same  as  the 
school  officers  of  the  district  or  township  of  which  It  Is  composed;  provided 
that  if  such  community  center  shall  comprise  two  or  more  townships  or 
districts,  then  the  joint  school  boards  of  such  component  corporations  shall 
elect  from  the  members  a  board  of  three  persons  to  manage  such  com- 
munity center  which  board  shall  elect  one  of  Its  members  chairman,  one 
as  secretary,  and  one  as  treasurer  of  the  community  center.  The  officers  of 
the  community  center  shall  hold  their  offices  for  the  same  period  as  do  the 
school  officers  of  the  same  district. 

§  8.  It  shall  be  the  duty  of  the  board  of  directors  of  the  community 
center  to  hold  one  annual  meeting  on  the  l?st  Tuesday  in  June  and  such 
special  meetings,  as  they  may  desire.  At  the  annual  meeting  the  board 
shall  carefully  examine  the  account  of  the  treasurer  and  make  up  a  full 
and  itemized  report  of  all  receipts  and  expenditures  since  the  last  annual 

2& 


meeting  and  a  statement  of  the  amount  necessary  to  be  raised  by  taxes  for 
the  maintenance  of  the  community  house  for  the  ensuing  year.  The  ex- 
penses of  maintaining  such  community  center  shall  be  divided  between  the 
public  corporations  comprising  the  same  in  proportion  to  their  respective 
populations  and  it  shall  be  the  duty  of  the  respective  townships  or  school 
boards  to  levy  a  tax  each  year  of  not  to  exceed  five  mills  on  each  dollar 
of  assessed  valuation  for  the  purpose  of  maintaining  such  community 
house  which  tax  when  collected  shall  be  paid  over  to  the  treasurer  of  the 
community  center. 

§  9.  Such  community  house  shall  be  used  for  the  following  pur- 
poses: Public  gatherings  for  information,  discussion,  recreation,  amuse- 
ment, public  banquets,  suppers,  and  festivals;  athletic  games;  rest  rooms; 
rooms  for  community  agricultural  projects;  and  such  other  purposes  as  the 
electors  may  deem  fit;  and  the  board  shall  adopt  rules  and  regulations 
governing  its  maintenance,  operation  and  management. 

Approved  March  12,   1921. 


CHAPTER  62,   SESSION  LAWS   1921 

PLAKS    FOR    RURAL    SCHOOL    BUILDINGS 


There  is  hereby  appropriated  out  of  any  moneys  in  the  State 
treasury,  not  otherwise  appropriated,  the  sum  of  two  thousand  ($2,000.00) 
dollars  for  the  purpose  of  providing  plans  and  specifications  of  one-room 
and  two-room  rural  school  buildings.  Blue  print  copies  of  these  plans 
shall  be  furnished  by  the  Superintendent  of  Public  Instruction  free  of 
charge  to  school  officers  upon  application  through  the  county  superintend- 
ent of  schools  of  the  several  counties  of  the  State.  The  funds  herein 
appropriated  shall  be  paid  out  on  warrants  drawn  by  the  State  Auditor 
upon  vouchers  approved  by  the  Superintendent  of  Public  Instruction. 

Emergency. 

Approved  March  12,  1921. 


CHAPTER  205,  SESSION  LAWS  1921 

COUNTY  HIGH  SCHOOLS 


§  1.  That  county  high  schools  may  be  established  in  any  of  the 
counties  of  this  State  in  compliance  with  the  following  provisions: 

No  county  high  schools  shall  be  located  within  three  miles  of  the 
corporate  limits  of  a  city  having  a  population  of  fifteen  hundred  (1,500) 
inhabitants  or  more,  and  such  city  or  the  independent  school  district  con- 
taining such  city  shall  be  exempt  from  the  provisions  of  this  Act.  Pro- 
vided, that  any  other  independent  district  or  consolidated  school  district 
maintaining  a  four-year  accredited  high  school  shall  be  exempt  from  the 
provisions  of  this  Act,  and  no  tax  for  county  high  school  purposes  shall  be 
levied  upon  the  assessable  property  thereof  except  as  hereinafter  provided. 
In  reckoning  the  population  of  towns  and  cities  for  the  purpose  of  deter- 
mining the  provisions  of  this  Act,  the  latest  official  figures  of  the  United 
States  Census  Bureau  shall  constitute  the  basis.  Provided  further,  that  a 
county  high  school  once  established  under  the  provisions  of  this  Act  shall 
not  be  dissolved  on  account  of  an  increase  in  population  or  the  extension 
of  the  territorial  limits  of  the  village,  town  or  other  municipal  corporation 
in  which  it  is  situated. 

26 


§  2.  Wherever  in  the  opinion  of  any  of  the  citizens  of  iny  county 
residing  outside  the  territorial  limits  of  the  districts  exempted  from  the 
provisions  of  this  Act,  it  shall  be  deemed  wise  to  establish  one  or  not  to 
exceed  two  county  high  schools,  a  petition  os  petitions  may  be  executed 
which  shall  designate  the  location  of  the  county  high  school  or  high 
schools  to  be  established;  such  petition  or  petitions  may  also  state  the 
amount  of  bonds  to  be  issued,  if  any,  for  the  erection  of  buildings.  If  such 
petition  or  petitions  containing  the  properly  verified  signatures  of  twenty- 
five  per  cent  of  the  qualified  electors  of  the  territory  of  such  county  to  be 
Included  in  the  county  high  school  district  shall  be  filed  with  the  county 
auditor,  the  board  of  county  commissioners  shall  at  its  next  regular  meet- 
ing following  the  presentation  of  the  petition,  consider  such  petition  and 
shall  submit  the  question  of  establishing  and  maintaining  such  county  high 
school  or  high  schools  to  the  electors  of  such  county  within  sixty  days  after 
such  meeting.  Such  special  election  shall  be  held  in  the  manner  and  upon 
the  notice  prescribed  by  law  for  general  elections  and  the  returns  shall 
be  made  and  canvassed  in  the  same  manner  as  provided  by  law  for  general 
elections.  The  published  and  posted  notices  of  such  election  shall  state  the 
object  of  such  election,  the  location  of  the  proposed  county  high  school  or 
high  schools,  and  shall  also,  if  such  is  stated  in  the  petition,  state  the 
amount  of  bonds,  if  any,  to  be  issued  for  the  erection  of  school  houses. 
If  a  majority  of  all  the  votes  cast  at  such  special  election  upon  the  ques- 
tion of  establishing  a  county  high  school  or  high  schools,  is  in  favor  of  the 
establishment  thereof,  the  proposition  shall  be  declared  carried  and  a 
county  high  school  district  duly  created.  The  board  of  county  commis- 
sioners shall  forthwith  instruct  the  county  superintendent  to  proceed  with 
the  organization  of  the  county  high  school  board  as  hereinafter  provided, 
and  to  notify  the  Superintendent  of  Public  Instruction  of  the  establishment 
of  such  county  high  school. 

Provided,  that  if  a  regular  general  election  shall  occur  within  six 
months  after  the  presentation  of  the  petition,  the  question  of  the  estab- 
lishment of  the  county  high  school  shall  be  submitted  on  a  separate  ballot 
at  the  regular  general  election. 

§  3.  County  High  School  Board.  The  county  high  school  board  shall 
consist  of  the  county  superintendent  of  schools,  one  member  appointed  by 
the  board  of  county  commissioners,  two  members  elected  by  the  qualified 
voters  of  the  county  at  the  general  election,  and  one  resident  freeholder 
of  the  county  appointed  by  the  State  Superintendent  of  Public  Instruction. 
The  elected  members  shall  serve  for  two  years  and  shall  qualify  on  the 
same  day  as  other  county  officers.  All  vacancies  on  the  county  high  school 
board  shall  be  filled  for  the  remainder  of  the  unexpired  term  by  the  re- 
maining members  acting  as  the  county  high  school  board  at  the  next  ses- 
sion of  the  board  after  such  vacancies  occurs.  The  two  appointed  mem- 
bers shall  also  serve  for  term  of  two  years.  The  county  superintendent 
shall  be  president  of  the  county  high  school  board,  and  the  county  treas- 
urer shall  act  as  treasurer  of  the  county  high  school  board,  and  the  board 
shall  appoint  one  of  its  number  to  act  as  secretary,  who  shall  receive  such 
additional  compensation  as  the  board  may  determine,  but  such  additional 
compensation  shall  not  exceed  One  Hundred  ($100.00)  Dollars  in  any  one 
year. 

§  4.  Compensation  of  Members  and  Meetings  of  Board.  The  presi- 
dent shall  receive  no  per  diem  or  other  compensation  as  a  member  of  the 
board,  but  may  receive  actual  traveling  expenses  when  away  from  the 
county  seat  on  official  business  of  the  county  high  school  board.  The 
remaining  members  shall  receive  five  dollars  ($5.00)  per  day  for  each  ses- 
sion attended  and  actual  traveling  and  hotel  expenses,  payable  from  the 
funds  of  the  county  high  school  board  in  the  same  manner  as  prescribed 
for  other  county  officials.     The  county  high  school  board  shall  meet  at  the 

27 


county  seat  or  such  other  place  within  the  county  as  may  be  determined  by 
the  board  on  the  third  Tuesday  of  the  months  of  January,  April,  July  and 
October,  and  at  such  other  times  as  may  be  necessary  on  the  call  of  the 
president  of  the  board.  Provided,  that  upon  request  of  any  three  members 
of  the  board,  the  president  shall  call  a  meeting  of  the  county  high  school 
board. 

§  5.  Powers  and  Duties.  The  county  high  school  board  shall  have 
the  same  powers  and  perform  the  same  duties  as  boards  of  education  in 
independent  school  districts,  insofar  as  is  applicable.  In  addition  it  shall 
have  power  to  provide  a  dormitory  or  dormitories  as  hereinafter  provided; 
to  purchase  land  not  to  exceed  forty  acres  to  be  used  as  agricultural  ex- 
periment plots;  to  accept  any  grounds,  buildings  or  moneys  that  any  per- 
son, school  conporation  or  municipal  corporation  may  wish  to  donate  for 
the  purpose  of  maintaining  or  assisting  to  maintain  a  county  high  school; 
to  rent  such  buildings  or  class  rooms  as  may  be  expedient;  to  lease  any 
room  or  rooms  in  the  buildings  under  its  supervision  not  in  immediate  use, 
to  a  school  corporation  or  other  persons  for  any  purposes  it  may  deem 
wise;  to  make  such  arrangements  as  may  be  just  and  equitable  with  any 
board  of  education  or  sihool  board  relative  to  providing  instruction  for  the 
high  school  pupils  of  such  district,  in  the  county  high  school.  It  shall 
also  have  power  to  rent  such  rooms  or  buildings  as  may  be  necessary  at 
various  times  to  properly  conduct  the  affairs  of  the  county  high  school 
district  and  to.  perform  such  other  acts  as  may  be  necessary  in  the  man- 
agement of  the  county  high  school. 

The  county  high  school  board  shall,  previous  to  August  1st  of  each 
year,  make  an  estimate  of  the  probable  cost  of  maintaining  the  county 
high  school  for  the  ensuing  year  and  shall  submit  the  same  to  the  county 
commissioners  who  shall  levy  a  special  tax  for  this  purpose.  The  county 
commissioners  shall  levy  such  tax  upon  all  the  assessable  property  of  the 
county  except  the  taxable  property  within  any  school  district  maintaining 
a  four-year  accredited  high  school,  other  than  a  county  high  school.  Such 
tax  for  county  high  school  purposes  shall  be  computed,  entered  on  the  tax 
roll  of  the  county  and  collected  in  the  same  manner  as  are  other  county 
taxes  and  the  amount  so  collected  shall  be  deposited  in  the  county  treasury 
and  be  known  and  designated  as  the  county  high  school  fund.  The  county 
treasurer  shall  pay  out  money  from  this  fund  only  on  warrants  authorized 
by  the  county  high  school  board,  issued  by  the  secretary  and  counter- 
signed by  the  president  of  the  board.  The  levy  for  maintaining  county 
high  schools  shall  not  be  less  than  one-half  mill  nor  more  than  three  mills 
on  the  dollar  of  the  assessed  valuation  of  the  county. 

Provided,  that  no  bonds  shall  be  issued  under  the  provisions  of  this 
Act  in  an  amount  in  excess  of  one  per  cent  of  the  total  assessed  valuation 
of  all  property  within  the  county.  Such  bonds  shall  be  in  denominations 
of  not  over  one  thousand  dollars  ($1,000.00)  nor  less  than  one  hundred 
dollars  ($100.00)  and  shall  not  run  for  a  term  of  more  than  twenty  (20) 
years  and  shall  draw  interest  not  in  excess  of  seven  (7)  per  cent.  Said 
bonds  may  be  issued  in  addition  to  all  other  bonds  of  the  county. 

The  county  high  school  board  shall  request  the  county  commissioners 
at  or  before  the  time  of  issuing  the  bonds  after  the  same  have  been  voted 
to  provide  for  the  levy  of  an  annual  tax,  sufficient  to  pay  the  interest  and 
principal  thereof  when  due,  and  all  such  levies  when  legally  made  shall 
be  irrepealable  until  such  debt  shall  be  paid.  Provided  further,  that  such 
levy  in  a  year  shall  not  be  greater  than  twenty  per  cent  (20%)  of  the 
debt  to  be  paid.  The  county  high  school  board  may,  in  its  discretion, 
instruct  the  county  commissioners  to  purchase  any  of  its  outstanding 
bonds  at  their  market  value  arid  pay  for  the  same  out  of  the  sinking  fund 
thereby  created. 

28 


Provided  further,  that  the  funds  thus  provided  for  the  maintenance 
and  establishment  of  a  county  high  school  shall  at  no  time  be  used  for 
the  maintenance  or  establishment  of  schools  or  grades  of  schools  or  rank 
below  the  eighth  grade.  Provided,  that  in  all  matters  not  especially 
covered  by  the  provisions  of  this  statute,  such  as  issuing  of  bonds,  the 
employment  of  teachers,  and  the  course  of  study,  the  laws  pertaining  to 
and  governing  the  management  and  control  of  the  affairs  of  independent 
districts  shall  apply  to  the  acairs  of  the  county  high  school. 

Any  person  being  a  resident  of  the  county  in  which  a  county  high 
school  is  maintained  and  holding  an  eighth  grade  diploma  issued  or  en- 
dorsed by  the  county  superintendent  shall  be  entitled  to  attend  the  county 
high  school  without  payment  of  tuition  or  other  expense  for  instruction  ex- 
cept laboratory  fees,  and  fees  for  individual  Instruction  outside  the  regular 
class  hours  of  the  school.  Students  who  are  not  residents  of  the  county 
in  which  the  county  high  school  is  located  may  be  admitted  to  such  high 
school  on  payment  of  a  tuition  fee  of  not  less  than  five  ($5.00)  dollars 
nor  more  than  ten  ($10.00)  dollars  per  month,  to  be  determined  by  the 
actual  cost  of  instruction  per  pupil  in  the  county  high  school.  Provided, 
that  no  pupil  from  outside  the  county  shall  be  accepted  to  the  exclusion  of 
any  pupil  resident  of  the  county  in  which  such  county  high  school  is 
located  who  is  desirous  of  attending  such  high  school. 

§  6.  Additional  Powers.  In  addtion  to  the  powers  already  granted 
to  the  county  high  school  board  in  this  Act,  the  county  high  school  board 
may  erect,  purchase  or  lease  one  or  more  buildings  to  be  used  as  dormi- 
tories for  the  accommodation  of  pupils  in  attendance  at  the  county  high 
school  and  of  persons  employed  to  teach  therein  and  may  furnish  and 
equip  the  same  from  the  high  school  funds  of  the  county.  It  shall  be  the 
duty  of  the  board  to  fix  the  rates,  if  any,  to  be  charged  students  for  rooms 
in  the  dormitories  and  to  place  in  charge  of  each  building  used  for  dormi- 
tory purposes  a  competent  and  responsible  person  who  shall  act  as  matron 
and  shall  have  charge  of  the  conduct  of  the  dormitory,  subject  to  the 
rules  and  regulations  of  the  board. 

The  county  high  school  board  may,  if  in  its  judgment  it  deems  best, 
require  any  of  its  employees  to  give  a  bond  to  the  county  in  the  sum  of 
one  thousand  ($1,000.00)  dollars  as  surety  for  the  proper  care  and  use  of 
such  property  of  the  county  as  may  be  entrusted  to  their  care. 

The  board  shall  have  further  authority  to  purchase  and  supply  in  the 
manner  deemed  most  efficient  and  economical,  such  groceries  and  food- 
stuffs and  other  supplies  as  may  be  necessary  to  furnish  meals  to  the 
students,  teachers  and  other  employees  of  the  county  high  school  at  a 
uniform,  reasonable  cost  which  shall  be  determined  by  the  county  high 
school  board. 

§  7.  Teachers  and  Course  of  Study.  The  county  high  school  board 
shall  employ  a  principal  of  the  high  school  who  shall  possess  all  the 
qualifications  necessary  for  a  principal  of  a  four-year-accredited  high 
school  and  who  shall  be  employed  for  twelve  months  in  the  year.  The 
board  shall  employ  such  other  teachers  as  may  be  necessary  to  maintain 
a  four-year  accredited  high  school.  The  coure  of  study  pursued  in  all 
county  high  schools  established  under  the  provisions  of  this  Act  shall  be 
submitted  to  the  Superintendent  of  Public  Instruction  for  approval  and 
shall  contain  special  courses  in  vocational  agriculture,  home  economics  and 
rural  teacher  training,  which  courses  shall  be  entitled  to  receive  State 
aid  in  the  same  manner  as  is  provided  for  such  other  State  aid  departments 
in  high  schools  of  the  State.  Provided  further,  that  if  in  the  judgment  of 
the  county  high  school  board  there  is  sufficient  demand  therefor,  it  may 
order  established  night  schools  for  instruction  in  citizenship  or  such  other 
instruction  as  it  may  deem  expedient. 

29 


§  8.  Provided,  that  any  independent  district  or  territory  not  included 
within  the  county  high  school  district  at  the  time  of  the  organization  of 
the  high  school  district,  may  avail  itself  of  the  provisions  of  this  Act  upon 
a  majority  vote  of  the  electors  of  such  independent  district  or  territory, 
cast  at  a  special  election  called  for  that  purpose  in  the  same  manner  as  is 
provided  for  other  special  elections. 

Approved  March  12,  1921. 


CHAPTER  67,   SESSION  LAWS  1921 

STATE   AID   FOR   COMMON   SCHOOLS 


§  1.  There  is  hereby  appropriated  out  of  the  general  fund  of  the 
State  of  South  Dakota,  the  sum  of  Twenty  Thounand  Dollars  ($20,000.00) 
for  the  fiscal  year  ending  June  30,  1922,  and  Twenty  Thousand  Dollars 
($20,000.00)  for  the  fiscal  year  ending  June  30,  1923,  in  aid  of  the  com- 
mon schools  of  this  State. 

§  2.  The  amount  so  appropriated  shall  be  annually  divided  among 
and  distributed  to  the  several  counties  of  this  State  for  the  use  and 
benefit  of  and  in  aid  of  the  common  schools  thereof,  and  the  county 
treasurer  of  each  county  receiving  aid  shall  redivide  and  redistribute 
the  same  to  and  for  the  use  and  benefit  of  the  common,  or  consolidated 
schools  of  his  county,  in  proportion  to  th^  acreage  of  indemnity  and  en- 
dowment lands  owned  by  this  State  in  each  respective  school  district  situ- 
ated therein  ;  provided,  that  the  amounts  received  by  any  school  district 
In  any  year  shall  not  exceed  the  equivalent  of  four  cents  per  acre  for  each 
and  ever  acre  of  State  owned  indemnity  and  endowment  lands,  situated 
within  such  school  district.  Provided,  that  such  aid  shall  not  be  granted 
to  any  such  district  that  has  not  in  the  previous  year  made  a  school  levy 
of  at  least  4  mills.  In  no  case  shall  said  aid  together  with  said  levy  and 
apportionment  exceed  the  amount  used  for  school  purposes  in  the  district 
during  the  year  for  which  said  aid  is  granted,  and  provided,  further,  that 
said  State  aid  shall  in  no  case  exceed  one-half  the  total  cost  of  running  the 
school.  Money  used  for  building  school  houses  or  purchase  of  graund  is 
not  to  be  taken  into  consideration. 

§  3.  It  shall  be  the  duty  of  the  Commissioner  of  School  and  Public 
Lands  to  supply  to  the  several  county  auditors  of  this  State,  the  description 
of  all  unsold  State  Indemnity  and  Endowment  Lands,  situated  within  the 
organized  school  districts  of  his  county. 

§  4.  The  State  Auditor  is  hereby  authorized  to  issue  warrants  on  the 
above  appropriation  on  vouchers  approved  by  the  Commissioner  of  School 
and  Public  Lands,  and  the  State  Treasurer  is  authorized  to  pay  the  same 

Approved  February  25,  1921. 


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UNIVERSITY  OF  CAUFORNIA  UBRARY 


